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2022 (2) TMI 1248 - HC - Indian LawsMaintainability of complaint without the Company being made an accused in the proceedings - sub-standard seeds - germination of 81% as against the prescribed germination of 98.6% - claim of the petitioner that the report of the said analyst was never furnished to him - violation of Section 16 of the Act. Whether the complaint was maintainable without the Company being made an accused in the proceedings? - HELD THAT:- It is not in dispute that the Company is not made a party in these proceedings which is in violation of Section 21. The proceedings without, at the outset, the Company being made a party would not be maintainable. The issue in this regard need not detain this Court for long or delve deeper in to the matter as identical provisions of the Negotiable Instruments Act, 1881 have been interpreted by the Apex Court in the case of ANEETA HADA VERSUS GODFATHER TRAVELS & TOURS (P.) LTD. [2012 (5) TMI 83 - SUPREME COURT] where it was held that there can be no vicarious liability unless there is a prosecution against the company. Whether the entire proceedings get vitiated on account of prejudice and violation of Section 16 of the Act? - HELD THAT:- The date of collection of sample is 12-11-2020. The Seed Analyst gave his report on 4-12-2020. The life of the seed was till 18-02-2021. All these are undisputed facts. After the life of the seed itself had expired by the time prosecution was launched which was on 16-03-2021 the right of the accused to get the seed re-assessed by the Central Seed Laboratory under sub-section (2) of Section 16 is rendered illusory. An important right of the accused is taken away by the callous action on the part of the prosecution. If the life of the seed had expired, the seed cannot be sent for a second opinion by the Central Seed Laboratory. It ought to have been done prior to the expiry of life of the seed. Therefore, taking away the right under subsection (2) of Section 16 has caused great prejudice to the petitioner or even the Company against whom the notice is issued. It is trite law that procedural violation causing prejudice will have to be construed strictly and it cannot be said that trial should continue notwithstanding the right under sub-section (2) of Section 16 being taken away by indolence of the respondent/complainant - both with regard to the Company not being made a party and the entire proceedings getting vitiated on account of prejudice being caused to the accused, this is a fit case where this Court has to exercise its jurisdiction under Section 482 of the Cr.P.C. and obliterate the proceedings against the petitioner, failing which such proceedings would become an abuse of the process of the law and result in miscarriage of justice. The Criminal Petition is allowed.
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