TATA CHEMICALS LTD Vs. NATHU MERU

JUDGEMENT

(1.) LEAVE to add State as a party respondent No.2 is granted. Amendment be carried out forthwith.

(2.) THIS appeal is filed for quashing and setting aside the judgment and order dated 12-12-2007 passed below Ex.167 in Criminal Case No.1387 of 1996 by the learned Judicial Magistrate (First Class), Dwarka, and to punish the present respondent for the offence under Sec.630 of the Companies Act, 1956.

(3.) IT is submitted by learned Senior Advocate, Mr.K.M.Patel that the learned Magistrate has committed a grave in acquitting the respondent-accused. IT is further submitted that the only aspect which is to be proved for the offence under Sec.630 of the Companies Act is the wrongful withholding of the property and it has been duly proved by the company and hence, by acquitting the accused person, the very purpose of incorporating Sec.630 of the Companies Act is frustrated. IT is further submitted that the accused is in possession of the property in question because of license and there is no rebuttal to the same and the signature is also proved and hence, a judicial note ought to have been taken by the trial court under Sec.56 of the Indian Evidence Act. IT is also submitted that as per Sec.58 of Evidence Act, the admitted facts need not be proved when there is no dispute about the existence of relationship between the employer and employee. According to him, Sec.630 of the Companies Act is very well in place in the present case since the property is in wrongful possession of the respondent even after retirement. All these aspects have not been considered by the trial court and hence, the impugned judgment and order may be quashed and set aside and the respondent-accused be punished.