LALIT JALAN Vs. BOMBAY GAS COMPANY LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been preferred against the judgment and order dated January 18, 2002 of High Court of Bombay by which the petition preferred by the appellants under Section 482, Cr.P.C. and Art. 227 of the Constitution was dismissed. The matter has been referred to a three Judge Bench in view of the apparent conflict in the two decisions of this Court in Abhilash Vinodkumar Jain vs. Cox and Kings (India) Ltd. and others, (1995) 3 SCC 732 and J. K. (Bombay) Ltd. vs. Bharti Matha Mishra and others, (2001) 2 SCC 700.

(3.) Bombay Gas Co. Ltd., respondent No. 1, had taken on lease a flat in a building known as "Hari Bhavan", 64, Pedder Road, Bombay. Shri N.K. Jalan, in his capacity as Director of the Company, was allotted the said flat. Ashok Kumar Jalan (accused No. 1 and respondent No. 2 in the present appeal) is son of Shri N.K. Jalan. Appellant No. 1, Smt. Lalita Jalan (accused No. 2) is wife of Ashok Kumar Jalan and appellant No. 2, Sidharth Jalan (accused No. 3) is his son. Shri N.K. Jalan died in 1967. The company purchased the flat and became owner thereof in April, 1991. It filed a criminal complaint under Section 630 of the Companies Act, 1956 (hereinafter referred to as the Act) against Ashok Kumar Jalan, Smt. Lalita Jalan and Siddharth Jalan on March 16, 1994. The proceedings of the complaint case were stayed in a company petition and finally sometime in the year 2001, the learned Magistrate issued process against the accused. The appellants moved an application for recall of the process issued against them and for their discharge, which was rejected by the Metropolitan Magistrate, 14th Court, Girgaum, Mumbai by order dated December 1, 2001. Thereafter, the appellants preferred a petition under Section 482, Cr.P.C. and Art. 227 of the Constitution in the High Court of Bombay, which was dismissed by the impugned order dated January 18, 2002.