CHHATRASINGH NATHUSINGH VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Chhatrasingh Nathusingh Vaghela - the original accused in Cri. Case No. 48 of 1989 has filed the present revision application against the order of conviction and sentence passed by the learned Addl. Chief Judicial Magistrate in Cri. Case No. 48 of 1989 under S.630 of the Companies Act on 13-6-1997.

(2.) The respondent No. 2 filed this private complaint under S.630 of the Companies Act against the present revision applicant on the allegation that though he retired on 31-3-1986 he did not hand over the possession of the premises allotted to him in lieu of his employment though he was called upon to do so by a notice. The revision applicant had contended that the premises in question were not given to him in lieu of his employment. He was initially paying rent and subsequently the House Rent Allowance (H.R.A.) which he was entitled to get as per the terms and conditions of the settlement was also not being paid to him. It is his contention that the real relationship between the complainant and himself is that of landlord and tenant and that the Company had already filed a suit under the Bombay Rent Act in the year 1987 and that this false case was lodged against him, in order to pressurise him.

(3.) In order to prove its case against the revision applicant the respondent No. 2 - original complainant had examined himself and he had examined one more witness in support of his claim. He had also produced documents to prove his case against the present revision applicant. As against this the revision applicant had not examined any witness in support of his defence but had produced certain documents.