IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.112 OF 2022

1. Metro Cash & Carry India Private Limited,

SATISH a company incorporated under the provisions

RAMCHANDRA

SANGAR of the Companies Act, 1956 and having its

registered office at No.26/3, Industrial Suburbs,

Digitally signed by

SATISH RAMCHANDRA A Block, Subramanyanagar, Ward 9,

SANGAR

Date: 2025.08.25 Bangalore – 560055.

19:08:55 +0530

2. Sunaina Calapa

Director of the Applicant No.1,

Survey No.26/3, Ward No.9, Industrial

Subramanyanagar, Ward 9,

Bangalore – 560055. ...Applicants

Versus

1. Maharashtra Pollution Control Board,

a body constituted under the provisions of

the Water (Prevention & Control of Pollution)

Act, 1974 and having its office at Kalpataru

Point Building, Near Sion Circle, Sion.

2. The State of Maharashtra,

Through the Principal Secretary, Ministry of

Environment & Forests, having his office

at Mantralaya, Mumbai – 400 032. ...Respondents

*****

Mr.Aabad Ponda (Sr. Advocate) a/w Advocates for Applicants.

Mr.Aditya Mithe,

Mr.Dhirajkumar Totala,

Mr.Asadulla Thangal,

Ms.Vasudha Jain i/b.AZB &

Partners:-

Mr. S.B. Shetye:- Advocate for Respondent No.1.

Mr.H.J.Dedhia:- APP for Respondent No.2-State.

*****

CORAM : S. M. MODAK, J.

DATE : 4^th AUGUST 2025 ORAL ORDER :-

1. Heard learned Senior Advocate Shri. Ponda for the Applicants/ Accused and learned Advocate Shri. Shetye for the Respondent No.1/

Original Complainant.

2. On two grounds, this Application for quashing of the order of “issuance of process” is filed. Those two grounds are as follows:-

(i) The Accused No.1 is the Company and the Accused No.2 is the Director. Both are stationed / residing at Bangalore, outside the territorial limits of the Borivali Magistrate Court and after conducting an inquiry under Section 202 of the Code of Criminal Procedure, 1973 (“Cr.P.C.”), the process was issued. This is not permissible is one ground.

(ii) Secondly the Accused paid compounding charges of Rs.5,000/- for first violation and compounding charges of Rs. 10,000/- for second violation. On this background, this Complaint is filed praying for conviction of Accused persons by relying upon the provisions of Section 9(1)(c) of the Maharashtra Non-biodegradable Garbage (Control) Act, 2006. Submission is this provision is not attracted.

3. Mr. Ponda has laid emphasis on the wording ‘conviction’ appearing in sub-section 1 to Section 9 of the said Act. According to him, this provision will be applicable only when the conviction is by the Court and not when fined by the Officers. He invited my attention to the provisions of Section 12 of the said Act. Those provisions are as follows:-

(a) Any officer prescribed therein may accept a sum of money from a person who has committed the first or second offence. It is by way of compounding charges. For the first offence, it is Rs.5,000/- (Rupees Five Thousand) and for second offence, it is Rs.10,000/- (Rupees Ten Thousand).

(b) He invited my attention to sub-section (2). If money is accepted, there is a bar on institution of proceeding in a criminal court.

(c) Whereas sub-section (3) lays down the effect of accepting a sum of money for compounding. The effect is acquittal of such a person as contemplated under Section 300 of Cr.P.C.

For ready reference Section 12 of the said Act is reproduced below:-

“12. Compounding of offences.— (1) Any officer of the State Government or of the local authority, authorized by the State Government or, as the case may be, by the local authority, in this behalf, may accept from any person who has committed or who is reasonable suspected of having committed the first or second offence under this Act, a sum of money by way of compounding of the offence as specified in the Table below:—

TABLE ________________________________________________________ Sr. Contravention/offence The sum of money to be accepted for No. compounding of an offence (1) (2) (3)

________________________________________________________

1 First offence . . . Five thousand rupees. 2 Se