Jwala Devi Enterprises P. Ltd. vs Fadi El Jaouni on 23 July, 2018

2. On the basis of the preliminary inquiry in each case, the
Metropolitan Magistrate issued process including against the
respondents herein. The respondents, feeling aggrieved, approached
the court of Sessions invoking its revisional jurisdiction by separate
petitions (CR nos.34-62/2015), their prime contention being that there
was no case made out for they to be summoned as accused on the
basis of allegations that they were directors of the company accused,
denying that they had any concern with the responsibility for the
conduct of the day-to-day business of the company.
3. Placing reliance primarily on decision of a bench of three
Hon’ble Judges of the Supreme Court in SMS Pharmaceuticals Pvt.
Ltd. Vs. Neeta Bhalla, (2005) 8 SCC 89, the court of Sessions found
substance and merit in the aforesaid contentions and allowed all the
above-said revision petitions by a common order dated 18.04.2015
holding that the summoning order had been passed by the Magistrate
mechanically without going through the material(s) on record, there
being no averment to the effect that the said persons were in charge of,
or responsible for the conduct of the business of, the company accused
and consequently dropping the criminal proceedings against each of
them.

Source: Indian Kanoon

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