K NARAYANAN Vs. K V SUBRAMANIAN

JUDGEMENT

(1.) THE petitioner, who was tried by the Sub-Divisional Judicial Magistrate Sankari in C.C.No.77 of 1985 for offences under S.630(1)(b) of the Indian Companies Act, 1956 (hereinafter referred to as the Act) on a private Complaint presented by the respondent and directed to deliver possession of the house occupied by him within a month's time from the date of order, in default to undergo rigorous imprisonment for a period of one month, which director and sentence, had been confirmed by the Sessions Judge, Salem in C.A.No. 233 of 1985 has preferred the present revision challenging the above direction, as well as me sentence.

(2.) ADMITTED facts briefly are: The petitioner was employed as skilled workman in the instrument section of the respondent Paper Mills, Pallipalayam and was allotted quarters No.E.152A S.P.B. Colony, Erode 10. For proved acts of misconduct, the petitioner was dismissed from service with effect from 4th October,1982. The petitioner was bound to deliver possession of the above house to the Company, but failed to do the same. The house was meant to provide lodging facilities to the employees of the Company.'In spite of several requests, the petitioner did not vacate the premises, and failed to deliver vacant possession of the house. Hence the respondent filled the Complaint, which was taken on file by the Sub-Divisional Judicial Magistrate, Sankari, for an offence under S.630(1) (b) of the Act.

(3.) WHEN questioned under S.313, Crl.PC, the petitioner denied having committed any offence. The petitioner had no evidence, either oral or documentary.