- 1 - NC: 2025:KHC-D:2068 CRL.P No. 103770 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103770 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: SRI. MAILARAPPA S/O NINGAPPA GOUNDIHOSALLI, AGED ABOUT 35 YEARS, TERITARY SALES LEED, M/S. KAVERI SEED COMPANY LIMITED, DAVANGERE, C/O SHREE SAI RAM TRADING COMPANY, APMC YARD, KUSTAGI, DIST: KOPPALA-583 278. … PETITIONER (BY SRI. MUSHTAK AHAMED M. AND SRI. PRAKASH R. BADIGER, ADVOCATES) AND: STATE OF KARNATAKA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT: DHARWAD, SRI NAGARAJ, OCC: AGRICULTURAL OFFICER AND SEED INSPECTOR AGRICULTURE DEPARTMENT, RSK, KARATAGI, DIST: KOPPAL-583 229. … RESPONDENT (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO SET ASIDE THE ORDER DATED 27.02.2024 TAKING COGNIZANCE AGAINST THE PETITIONER/ACCUSED IN CC NO.1057/2024 PUNISHABLE U/S 19(A) OF SEEDS ACT, PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT, KARATAGI (ITERNARY COURT KARATAGI) AND PASS SUCH OTHER ORDER OR DIRECTION IN THE INTEREST OF JUSTICE AND EQUITY. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.04 17:31:50 +0530 - 2 - NC: 2025:KHC-D:2068 CRL.P No. 103770 of 2024 THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Learned Additional Government Advocate accepts notice for respondent. 2. The petitioner challenges the cognizance taken of the offence punishable under Section 19(a) of Seeds Act, 1966. 3. The second respondent files a private complaint under Section 200 of Cr.P.C., stating that on inspection of the Farmers Information Centre, the sample of the seeds manufactured by the Kaveri Seed Company Limited was drawn and was sent to the seed analyst for test. The seed analyst submitted a report stating that the seed manufactured by the company, of which the petitioner is the Manager, is of sub-standard, and was not as per the specification. 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for respondent-State. 5. Section 21 of the Seeds Act, 1966, deals with offences committed by the companies, and states that, if a company commits an offence, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence - 3 - NC: 2025:KHC-D:2068 CRL.P No. 103770 of 2024 6. In the instant case, the petitioner-accused is the Manager of the company which manufactured the subject seed, and he was not involved in the manufacturing process nor involved in the day to day affairs of the company, and the company having not been arraigned as the accused, the petitioner cannot be held vicariously guilty as stated under Section 21 of the Seeds Act, 1966. 7. Hence, the complaint filed by the second respondent without arraying the company as an accused, is not maintainable, and cognizance taken by the learned Magistrate stands vitiated. Therefore, the continuation of the criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following: ORDER i) Criminal Petition is allowed. ii) The impugned proceedings in 1057/2024, on the file of the learned Additional Civil Judge and JMFC Court, Gangavati, (Iternary Court Karatagi), insofar it relates to the petitioner herein stands quashed. Memo of appearance to be filed within a week. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR CT:BCK