Mehinder Singh Sullar, J. - (1.) As identical points of law and facts are involved, therefore, I propose to dispose of above indicated four petitions for quashing the similar complaint (Annexure P1) & summoning order (Annexure P2), by virtue of this common judgment, in order to avoid the repetition. However, the facts extracted from (1) CRM No. M-15881 of 2011 titled as "Rakesh Nayar & Anr. v. State of Punjab & Anr." would be mentioned in subsequent part of this judgment for ready reference in this respect.
(2.) The matrix of the facts, which needs a necessary mention, relevant for the limited purpose of deciding the core controversy, involved in the instant petitions and oozing out, from the record, is that the firm M/s FMI Limited, Ludhiana was manufacturing Tape measures (Inchi-tapes) and petitioners were its Directors at the relevant time. During the course of scrutiny of its record for the financial years from 2004-05 to 2008-09, certain discrepancies were noticed by the Deputy Controller, Legal Metrology, who submitted his report (Annexure R1/T) to the Controller, Legal Metrology (in short "the Controller"), which, in substance, is as under:- "In the record received from central excise & custom deptt. number of tape measures have been clearly shown. Therefore, comparison of record given by both the companies with this deptt. record could be conducted in rightful manner. The record of this deptt. received has been compared with the record of above mentioned companies which more or less tallies. From the above it is clear that verification fee received from M/S F.M.I. Ltd. for the year 2004-05 to 2008-09 and actual verification fee has difference of Rs. 4,30,98,825/- & verification fee received from M/S Freeman Measure Pvt. Ltd. for the year 2004-05 to 2008-09 & actual verification fee has difference of Rs. 2,05,97,033/-."
(3.) After the receipt of indicated report, the Inspector, Legal Metrology, Weights & Measures, Khanna complainant-respondent No. 2 (for brevity "the complainant") prepared the report dated 17.12.2008 (Annexure P3). In pursuance thereof, the Controller authorised the complainant to file a complaint against the petitioners under Sections 56(1) (2), 22 & 45 of the Standards of Weights and Measures (Enforcement) Act, 1985 (hereinafter to be referred as "the Act"). Consequently, the complainant filed the complaint dated 21.3.2011 (Annexure P1) in the Court and the Sub Divisional Judicial Magistrate summoned the accused, vide impugned summoning order dated 31.3.2011 (Annexure P2).;