MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. & ANR. versus DATAR SWITCHGEAR LTD. & ORS.

MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. & ANR. versus DATAR SWITCHGEAR LTD. & ORS.

A prima facie case of offences under sections 192 and 199 IPC is made out against appellant No.1 (company), but not against appellant No.2 (Chairman) as there is no specific averment or evidence of personal involvement or pre-arranged plan; vicarious liability is not attracted by sections 192 or 199 IPC; Section 34 IPC does not apply without evidence of common intention. Therefore, complaint against Chairman quashed, but proceedings continue against the company.

Parties
Appellant: Maharashtra State Electricity Distribution Co. Ltd.; Appellant: Chairman, Maharashtra State Electricity Distribution Co. Ltd.; Respondent: Datar Switchgear Ltd.; Respondent: Senior officials of Datar Switchgear Ltd.
Jurisdiction
India
Judgment Date
08 October 2010
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal partly allowed; complaint quashed against Chairman, dismissed against company.
Legal Topics
Quashing of Criminal Proceedings, Exercise of Power Under S.482 Cr PC, Vicarious Liability, Fabrication of Evidence, Termination of Contract, Arbitration and Arbitral Awards
Criminal Law Contract Law Quashing of Criminal Proceedings Exercise of Power Under S.482 Cr PC Vicarious Liability Fabrication of Evidence Termination of Contract Arbitration and Arbitral Awards

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Parties

Maharashtra State Electricity Distribution Co. Ltd.

Appellant

Chairman, Maharashtra State Electricity Distribution Co. Ltd.

Appellant

Datar Switchgear Ltd.

Respondent

Senior officials of Datar Switchgear Ltd.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a prima facie case under sections 192 and 199 IPC is made out against appellant No.1 (company) and appellant No.2 (Chairman)
  2. 2 Whether power under section 482 CrPC should be exercised to quash criminal proceedings against appellants
  3. 3 Vicarious liability under sections 192 and 199 IPC

Ratio Decidendi

A prima facie case of offences under sections 192 and 199 IPC is made out against appellant No.1 (company), but not against appellant No.2 (Chairman) as there is no specific averment or evidence of personal involvement or pre-arranged plan; vicarious liability is not attracted by sections 192 or 199 IPC; Section 34 IPC does not apply without evidence of common intention. Therefore, complaint against Chairman quashed, but proceedings continue against the company.

Court Disposition

Appeal partly allowed; complaint quashed against Chairman, dismissed against company.

Orders

  • Complaint quashed against appellant No.2 (Chairman).
  • Appeal dismissed in relation to appellant No.1 (company).