The complaint was not maintainable without the company being made a party to the proceedings, and the direction to investigate the matter after receiving the complaint was in violation of Sec. 202 of the Cr.P.C. Additionally, the order taking cognizance was in violation of Sec. 204 of the Cr.P.C.

JUDGMENT :

1. Petitioners have filed the subject criminal petition seeking to quash the proceedings in C.C.No.333/2015 pending before the Principal Civil Judge and JMFC, Mudigere.

2. Adumbrated in brief, the facts obtaining as projected by the petitioners are as follows :

1st petitioner is engaged in the business of production of cement and claims to be one of the largest cement producers in India and the only cement company to have obtained a super-brand status. It has its manufacturing units in various States in India and one such manufacturing unit is at Thondebhavi of Chikkaballapura and the 2nd petitioner is the Managing Director of the 1st petitioner. It is the further claim of the 1st petitioner that it has enormous manufacturing plants across India, their operations and management are under the supervision of Directors of each plant and the Board of Directors do not have direct supervision over each plant for day-to-day functioning of these plants.

3. On 29/9/2014 a complaint is received by the 1st respondent/Inspector of Legal Metrology from the Police Sub-Inspector of Kalasa Police Station, Mudigere Taluk through the Assistant Controller of Legal Metrology, Chikkamagaluru complaining that one Sri H.N. Manjunath and Sri M.R.Sundaresh purchased ACC cement bags from one Vincent Furtado, the 2nd respondent and the cement bags were duplicate and had under-weighed than what was projected on the bags. The moment complaint was received, the 1st respondent along with the staff inspected the premises of the said Mr.M.R.Sundaresh where Mr. H.N.Manjunath had also brought the cement bags purchased by him and upon inspection, the 1st respondent claims to have found discrepancies in the actual weight of 72 bags than what was inscribed on the bags. On 26/9/2014 Mr.H.N.Manjunath informed the call centre of the 1st petitioner that he had purportedly purchased cement bags which were lower in quality and lower in weight.

4. Pursuant to the said complaint made to the call centre, Mr. Ashok Kumar and Mr. Chethan of the company visited the place where Mr.H.N.Manjunath had kept the cement bags and inspected; upon inspection it was found that the bags were not of the 1st petitioner they were duplicated and the name of the 1st petitioner Company was inscribed on them in a manner in which generally was not inscribed. It also came to light that it was adulterated cement with underweight of bags. On coming to know the aforesaid facts, the 1st petitioner lodged a complaint immediately before the Sub-Inspector, Kalasa Police Station, Mudigere Taluk on 30/9/2014 and an FIR is registered on the same day i.e., 30/9/2014. The FIR is registered on the complaint given by Mr. Ashok Kumar, employee of the 1st petitioner.

5. After about 6 months, the 1st respondent/Inspector of Legal Metrology registers a private complaint under Sec. 200 of the Cr.P.C. against the said Sri Vincent Furtado and all the Board of Directors of the 1st petitioner alleging offences under Ss. 31, 36(1) and 36(2) of the Legal Metrology Act, 2009, "The Act' for short. On registration of the complaint, no investigation was conducted and on 26/3/2015 the 1st respondent files a charge sheet before the trial Court under Sec. 15(1) of the Act against all the Board of Directors of the Company without making the Company itself a party. The trial Court took cognizance of the charge sheet filed for the offence under Sec. 15(1) of the Act and issued summons to all the Board of Directors of the Company. The Directors who are on the Board of the Company were not only in India but in several parts of the world. On taking such cognizance by the trial Court on 26/3/2015 for offence under Sec. 15(1) of the Act registers a criminal case in C.C.No.333 of 2015, against which the petitioners have knocked the doors of this Court.

6. Heard Sri C.V.Nagesh, learned Senior Counsel for petitioners, Sri V.M. Sheelavanth, learned State Public Prosecutor-I along with Smt.Namitha Mahesh.B.G., learned High Court Govern