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2009 (1) TMI 489 - HC - Companies LawOffences by companies - persons responsible - Held that:- In the present case, only Mr. G.S. Verma was the chairman-cum-managing director of the company at the time of commission of the alleged offence and, therefore, was the person responsible for the business of the company. However, the summons have been issued against all the accused persons who are impleaded as directors despite prime accused being the company in the absence of a specific averments against the petitioner. Even without taking care of requirements of law whether prima facie case was made out against the petitioner, the Magistrate acted mechanically in passing the impugned order against the petitioner. Thus the complaint as against the petitioner (accused No. 6 in the complaint) is not maintainable. Hence, the complaint and the impugned summoning order qua the petitioner is accordingly, quashed.
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