K.G. AMIRTHALINGAM Vs. THE PUDUPAKKAM PERMANENT FUND LTD. REP. BY ITS DIRECTOR AND SECRETARY, M. DAMODARAN

JUDGEMENT

(1.) PETITIONER Amirthalingam was convicted under Section 630 of the Companies Act in E.O.C.C. No. 600 of 1989, on the file of Additional Chief Metropolitan Magistrate (E.O -I) Egmore, Madras and directed to hand over the premises under his occupation, within one month from the date of judgment, failing which he shall suffer six months simple imprisonment.

(2.) BRIEF facts which led to the initiation of the impugned prosecution will have to be stated. Petitioner was the Secretary - cum -Treasurer of Pudupakkam Permanent Fund Limited, situated at No. 12, Pycrofts Road, Madras -14. He was so employed till 26.1.1984. Thereafter, he suddenly absconded. Scrutiny of accounts of the Permanent Fund, prima facie, revealed, that the Petitioner had committed criminal breach of trust. An Enquiring Officer was appointed by the Permanent Fund, who, after collecting evidence forwarded a report to the Respondent. The report of the Enquiring Officer was placed before the Board of Directors of the Permanent Fund, which, after consideration, passed a resolution terminating the services of the Petitioner, on and from 28.2.1986. When the Petitioner was appointed as Secretary -cum -Treasurer, as a perquisite appended to the job he was allowed to take his residence, in the second floor of No. 12, Pycrofts Road, Madras. After termination of service, according to the Respondent, Petitioner was not entitled to continue in occupation of the premises, which had a link with his appointment as an official of the Permanent Fund. The impugned complaint was laid since the Petitioner was unlawfully squatting in the property.

(3.) LEARNED trial Magistrate was of the view, that the restoration of the suit, did not vest any right in the Petitioner, to continue to hold possession of the house property and, therefore, passed an order under Section 630 of the Companies Act, which is now under challenge.