YOGESHKUMAR KANTILAL SHAH Vs. GUJARAT STEEL TUBES LIMITED

JUDGEMENT

(1.) . It is the petitioner's conviction under Section 630(1) of the Companies Act, 1956, hereinafter referred to as 'the Act' and sentence of payment of fine in the sum of Rs. 250/-, in default simple imprisonment for 15 days, which have been complained of in this Criminal Revision Application under Section 397 of the Code of Criminal Procedure, 1973, hereinafter referred to as 'the code'.

(2.) Facts in Brief: The petitioner came to be employed in respondent No.1-Company as a Maintenance Engineer (Electrical). By virtue of his employment, the respondent No. 1-Company allotted to him flat bearing No. F-10 in the Gujarat Steel Tubes Staff Officers' Colony at Ahmedabad and the petitioner was residing in the said flat since 1978. The respondent No. 1 Company put to an end the services of the petitioner with effect from 4-2-1986. It was the case of the respondent No. 1-Company that although the possession of the flat in question was called for from the petitioner-accused, he did not hand it over to the respondent No. 1-Company and that is how he wrongfully withheld the same. The respondent No. 1-Company, therefore, filed Criminal Case No. 1995 of 1986 under Section 630(1) of the Act in the Court of the Judicial Magistrate First Class (Second Court), Ahmedabad (Rural) at Narol.

(3.) It appears from the judgment of the learned Magistrate that the complaint was directed for investigation under Section 156 (3) of the Code and the ultimate police report revealed that the matter was of a civil nature. However, it appeared io the learned Magistrate that there was a prima facie case under Section 630 (1) of the Act, appearing from the police papers and, therefore, he directed process in the form of summons to be issued to the petitioner. The petitioner pleaded not guilty to the charge under the aforesaid provision of the Act. The result was the trial of the matter before the learned Magistrate and order of conviction as aforesaid passed on 29-1-1988. On the same day, the petitioner came to be sentenced to pay fine in the sum of Rs. 250/-, in default to undergo simple imprisonment for 15 days.