Smt. Katta Sujatha vs Fertilizers & Chem. Travancore Ltd. And ... on 23 August, 2002
6. However, it may be noted that in the said case before the Supreme Court, there was no averment in the complaint that the petitioner therein was in-charge of and was responsible for the conduct of the business of the firm or, that the offence was committed with her consent or connivance of, or was attributable to any neglect on her part. But, in the case on hand, not only there is averment in the complaint that all the said persons are in-charge of and responsible to the establishment for the conduct of its business, there is a record/Form 5-A, which shows them as the persons in-charge of and responsible for the conduct of the business of the first accused. It is an undisputed document of the first accused showing them as persons in-charge of and responsible for the conduct of the business of the first accused establishment. That apart, what is found in Form No. 5A referred to above, is stated in the petitions filed before this Court. So, it cannot be said now that they were/ are not in charge of or and responsible for, the conduct of the business of the first accused.