J K MARATTUKALAM Vs. MARATT RUBBER LTD

JUDGEMENT

(1.) This is a petition filed u/S. 482, Cr. P.C. and it is directed against the order dated 11-9-96 in C.C. No. 1254/95 on the file of the learned Special Court for Economic Offences, Bangalore.

(2.) The petitioner has prayed for quashing of the proceedings and discharging him. The petitioner is shown as the accused in the criminal case before the Trial Court and the respondent is the complainant before the Trial Court.

(3.) A complaint has been filed against the petitioner alleging an offence under S. 630 of the Companies Act. The complaint has been lodged on the ground that the petitioner was one of the Directors of the Company and he was granted the premises which is the subject matter of the proceedings during his tenure as a Director of the Company and in spite his term being over, the petitioner has not vacated the premises in question hence, the complaint under S. 630 of the Companies Act. Under the said provision, the criminal court has given power to evict a person and give possession to the complainant. The Special Court has observed that S. 630 of the Act is punishable with fine of Rs. 1,000/- only and therefore, it is a summons case and not a warrant case and therefore, the question of discharge does not arise. It is also observed that the petitioner who had earlier filed a petition under S. 258 of Cr. P.C. did not pursue the same and got it dismissed.