SUBHANKAR BISWAS versus SANDEEP META

SUBHANKAR BISWAS versus SANDEEP META

There is no distinction between the case of the Chairman and the appellant as the complaint does not specify responsibility; therefore, proceedings against the appellant must also be quashed.

Parties
Appellant: Subhankar Biswas; Respondent: Sandeep Meta
Jurisdiction
India
Judgment Date
07 April 2011
Procedural Posture
Criminal Appeal / Appeal From Quashing Order of High Court
Outcome
Appeals allowed; proceedings against appellant quashed.
Legal Topics
Compounding of Offences, Liability of Corporate Officers, Quashing of Criminal Proceedings
Criminal Law Consumer Protection Compounding of Offences Liability of Corporate Officers Quashing of Criminal Proceedings

Case Brief

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Parties

Subhankar Biswas

Appellant

Sandeep Meta

Respondent

Procedural Posture

Criminal Appeal / Appeal From Quashing Order of High Court

Legal Issues

  1. 1 Whether the complaint properly identifies the person responsible and incharge of the affairs of the Company under Standards of Weights and Measures Act, 1976
  2. 2 Whether proceedings can be sustained against appellant when quashed against Chairman due to lack of specific averments

Ratio Decidendi

There is no distinction between the case of the Chairman and the appellant as the complaint does not specify responsibility; therefore, proceedings against the appellant must also be quashed.

Court Disposition

Appeals allowed; proceedings against appellant quashed.

Orders

  • Set aside the order of High Court in so far as it goes against the appellant.
  • Proceedings against the appellant stand quashed in all cases.