RAKESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. Aggrieved by his conviction under Section 630 of the Company Act, 1956 and sentence of Rs. 2,000/- as fine, with further direction that the revisionist will vacate house No. C-2 Pilkhani Distillery Colony, Pilkhani and hand over vacant possession of the same to the complainant company M/s. Sir Shadi Lal Enterprises Ltd. dated 15-10-2005 passed by Special C. J. M. , Meerut in Complaint Case No. 334 of 2003, M/s. Sir Shadi Lal Enterprises Ltd. Co. v. Rakesh Kumar and confirmed by Lower Appellate Court, Additional Sessions Judge, Court No. 10, Meerut in Criminal Appeal No. 82 of 2004, Rakesh Kumar Sharma v. M/s. Sir Shadi Lal Enterprises Ltd. Co. vide impugned judgment dated 7-12-2006 the revisionist Rakesh Kumar has filed the instant revision in this Court under Sections 397 and 401 Cr. P. C. challenging his aforesaid conviction and sentences recorded by Magistrate and confirmed by the Lower Appellate Court.

(2.) THE synopsised facts of the revision are that M/s. Shadi Lal Enterprises Ltd. is a company under the Indian Companies Act, 1956, hereinafter referred to as the 'act' and is having its registered office at 4-A, Hansalya, 15 Bara Khamba Road, New Delhi. THE production unit of the company is Pilkhani Distillery and Chemical Works, Pilkhani, Police Station Sarsawa, Tehsil Nakur, District Saharanpur. Revisionist accused Rakesh Kumar was employed in the said distillery as Yeast Man. Being in service of the distillery Rakesh Kumar was allotted companies residential quarter No. C-2 situated with the premises of Pilkhani Distillery Colony vide letter No. PD-762/93-94 dated 9-6-1993. THE services of Rakesh Kumar accused revisionist was however terminated on 18-9-2002 vide termination letter of the even date issued by General Manager, Pilkhani Distillery and Chemical Works, Pilkhani. Termination letter was dispatched to accused revisionist through registered post on his correct postal address but he refused to receive it. Management, therefore got the termination letter pasted on the front wall of residential quarter No. C- 2 occupied by accused revisionist on 20-9-2002. Another registered notice containing termination letter was dispatched to accused revisionist but the same was again returned unserved on 23-8-2002. THEreupon the company made a publication of the termination order in Hindi Daily Newspaper 'amar Ujala' on 5-10-2002. In spite of the aforesaid publication and pasting of notice accused revisionist did not contact General Manager of the company nor produced no dues slip before the General Manager of the company. Since the services of accused revisionist were terminated on 18-9-2002 complainant company though letter dated 20-9-2002 requested the accused to vacate company's quarter No. C-2 Pilkhani Distillery Colony, which was allotted to him. THE said letter dated 20-9-2002 was sent to the accused revisionist through registered post on 21-9-2002 but the same also returned as the revisionist accused refused to honour the registered post. Again on 16-10-2002 the company for the second time dispatched letter of request for vacating the said quarter and also got pasted the said notice on the front wall of his aforesaid quarter. In both the notices company had asked the accused to vacate the quarter within a period of 15 days. Since the revisionist continued to occupy the quarter illegally after termination of his services the company became entitled for damages at the rate of Rs. 500/- per month and for recovery of possession.

(3.) IN the trial complainant R. K. Kalia examined himself as P. W. 1 and he filed many documents on Fard Saboot being papers No. 4a/1 to 228a/1.