S.C. Sharma vs State of Haryana

Viney Mittal, J.—Petitioner S.C.Sharma who is a Managing Director of M/s Hind Fertilizers and Chemicals Industries Private Limited has filed the present petition u/s 482 of the Code of Criminal Procedure for quashing of the complaint dated May 31, 1999 and the summoning order of the even date passed by the trial Magistrate. The complaint has been appended as Annexure P/1 with the present petition whereas the summoning order has been appended as

Annexure P/2.

As per averments made in the complaint, the Fertilizer Inspector visited the shop of M/s.Balaji Chemicals, New Mandi, Sirsa. The aforesaid firm was carrying on the business of fertilizer manufactured by the Company M/s.Hindi Fertilizers and Chemicals Industries Private Limited. A sample of some fertilizer was taken and on analysis, the same found to be substandard and in contravention of clause 19(1) of the Fertilizer Control Order, 1985, and, therefore, there was a contravention of Section 7 of the Essential Commodities Act, 1955. Consequently a complaint dated May a31, 1999 was filed by the Fertilizer Inspector against Nathu Ram Goyal, Smt.Asha Rani and Shri S.C.Sharma (the present petitioner).

Upon the presentation of the complaint, a summoning order dated May 31, 1999 was passed by the Special Judge, Sirsa. The complaint and the summoning order have been appended as Annexures P/1 and P/2 with the petition, respectively.

The main ground upon which the complaint and the summoning order are sought to be quashed by the petitioner is that while filing the complaint the manufacturing company namely, Hind Fertilizers and Chemicals Industries Private Limited was not arrayed as a co-accused. On that basis it is submitted that the complaint u/s 7 of the Essential Commodities Act read with the Fertilizer Control Order itself was not maintainable.

Shri Rakesh Verma, learned counsel for the petitioner has submitted that in the absence of the company as a co-accused, the complaint against the present petitioner S.C.Sharma who was the Managing Director of the Company was not maintainable and to support the aforesaid submission he has relied upon S.H.Chisty v. State of Haryana, 1997(2) RC.R.565, Suresh Chand Sharma v. State of Haryana, 1997(2) RCC 696 and a judgment of this Court in N.K.Kakkar and others v. State of Punjab (Crl. Misc. 10011-M of 1997) decided on August 1, 2002.

After hearing the learned counsel for the parties, I find that the submissions made by Shri Rakesh Verma have merit and deserve to succeed.

I have perused the complaint and find that the company-M/s.Hind Fertilizers and Chemicals Industries Private Limited was not arrayed as a co-accused and, therefore, in the absence of the aforesaid company, the complaint could not be filed against S.C.Sharma who was merely a Managing Director of the company. My view finds full support by the judgments in the cases of S.H.Chisty v. State of Haryana (supra), N.K.Kakkar''s case (supra) and Suresh Chand Sharma''s case (supra).

In the result, the present petition is allowed and the complaint annexure P/1 and the summoning order Annexure P/2 qua the petitioner are hereby quashed.

It is made clear that quashing of the complaint against the present petitioner S.C.Sharma would have absolutely no bearing or effect, upon the continuation thereof, against the remaining accused.

Since the matter has remained pending in this Court sufficiently long time, therefore, the learned trial court is directed to conclude the proceedings as expeditiously as possible and in any case not later than December 31, 2003.