MANAN CHAND Vs. STATE AND ORS.

JUDGEMENT

(1.) The present revision petition under Sec. 397 of the Code of Criminal Procedure, 1973 (hereinafter shall be referred to as the "Cr.P.C.") has been filed by the petitioner for setting aside the order dated 22.08.2015 and order on sentence dated 11.03.2014 passed by the Trial Court and for releasing the petitioner from the custody.

(2.) The facts, in brief, are that the complainant/respondent no.2 - herein filed a complaint under Sec. 630 of the Companies Act, 1956 against the accused Maman Chand (since deceased) alleging that he was an employee of erstwhile Delhi Vidyut Board which was divided into different distribution companies and the respondent no.2 took the over the same vide notification dated 13.11.2001. The respondent no.2 company came into existence on 01.07.2002 which took over the assets, liabilities and employees of the erstwhile Delhi Vidyut Board. It was alleged that the deceased was allotted Flat No.H -105, Block -H. Type -I, Tripolia Colony, Delhi on the conditions that he would retain the same till he remained in the employment. The deceased was superannuated on 31.08.1989 but he failed to vacate the quarter within the stipulated period of four months from retirement and had been residing unauthorizedly since 01.01.1990. A legal notice was sent to the deceased for vacation of the quarter and to pay the licence fees/damages, but he failed to comply with the same.

(3.) Cognizance on the complaint was taken and the petitioner Manan Chand was summoned. In the summon report dated 22.03.2007, it was reported that Manan Chand had expired. Thereafter, on the application of the complainant for bringing the LRs of deceased on record, notice was issued to Smt. Kamla Devi which was received back with the report that she had also expired. Thereafter, on the application for bringing LR of deceased on record, Smt. Meera Devi was impleaded on behalf of late Sh. Manan Chand.