V M SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from the judgment and order dated April 28, 1995 by the Bombay High Court in Criminal Application No.1222 of 1995. The appellant had joined the services of M/s. Rallis India Ltd. on March 10, 1965. He had occupied a residential flat at Morena No.11. M. C. Dhanuka Road, Bombay. He resigned on July 15, 1986. The Rallis India Ltd., the second respondent (the Company, hereinafter), initiated proceedings in January, 1987 against the appellant under S.408, I.P.C. and S.630 of the Companies Act for the continued occupation of the appellant in the said flat. The Magistrate, by his order dated October 12, 1994, found the appellant guilty of offence under S.630 of the Companies Act and directed restitution of the flat. On appeal, the Sessions Judge partly allowed it by his judgment dated March 20, 1995, altering the sentence while confirming the conviction. The High Court confirmed the same by the impugned order.

(3.) The primary question in this case is whether the conviction under S.630 of the Companies Act sustainable We have read the counsel on both sides. Pending criminal proceedings, the Company laid L.E. and C. Suit Nos.104/126 of 1989 in Small Cause Court, Bombay for eviction of the appellant. The case set out in the plaint and evidence adduced in proof of the issues framed therein was that the Company had tenancy rights in the flat. Consequent upon joining the service, the appellant was inducted into possession. On his resignation and acceptance thereof, he ceased to be an employee of the Company. Consequently, the appellant is enjoined to deliver possession of the premises to the Company but he failed to do so.