Summoning Of An Accused Is A Serious Matter; Magistrate Has To Record Satisfaction About Prima Facie Case
Case: Ravindranatha Bajpe VS Mangalore Special Economic Zone Ltd.
Coram: Justices MR Shah and AS Bopanna
Case No: CrA 1047-1048/2021
Court Observation: “The learned Magistrate has to record his satisfaction about a prima facie case against the accused who are Managing Director, the Company Secretary and the Directors of the Company and the role played by them in their respective capacities which is sine qua non for initiating criminal proceedings against them. Looking to the averments and the allegations in the complaint, there are no specific allegations and/or averments with respect to role played by them in their capacity as Chairman, Managing Director, Executive Director, Deputy General Manager and Planner & Executor. Merely because they are Chairman, Managing Director/Executive Director and/or Deputy General Manager and/or Planner/Supervisor of A1 & A6, without any specific role attributed and the role played by them in their capacity, they cannot be arrayed as an accused, more particularly the cannot be held vicariously liable for the offences committed by A1 & A6.”
Summoning Of An Accused, Serious Matter, Prima Facie Case