SURESH VENKATRAO NERLEKAR Vs. SHARANGHADAR PANDURANG NADKARNI

JUDGEMENT

(1.) This is an application filed under Article 227 of the Constitution of India and also under section 482 of the Code of Criminal Procedure inviting the High Court to quash the proceeding of Criminal Case No. 21/S of 1981 pending in the Court of the Metropolitan Magistrate, 17th Court, Mazagaon, Bombay. The petitioner has not challenged any specific order in this application. Petitioner is the original accused. Respondent No. 1 is the Company by name "The Modern Mills Limited" who has filed the above criminal case under section 630(1)(b) of the Companies Act, 1956. Initially the application was filed on October 12, 1981. It appears that at the admission stage the first respondent was also served and appeared. The application at that stage was found not to be maintainable as far as quashing of the proceeding is concerned. Thereafter the petitioner was allowed to amend the petition-application and the amendment was incorporated in the application, which is at pages 7 to 9 of the paper-book. The amendment related to changing of the prayer and confining it only to the stay of the criminal proceeding pending in the Magistrates Court and also the prosecution.

(2.) A few facts leading to this application may be stated to understand controversy in this application : The first respondent-complainant initiated the prosecution in the Court of the Metropolitan Magistrate, 17th Court, Mazagaon, Bombay by its complaint dated April 22, 1981. Till October 21, 1981 there were several adjournments and the petitioner who was original accused did not file any say or statement pleading guilty or otherwise. The case was adjourned to November 14, 1981. It was stated that the Magistrate was orally requested to say the proceedings. Then on October 12, 1981 the present petition under Article 227 of the Constitution of India and under section 482 of the Code of Criminal Procedure was filed in the High Court inviting the High Court to quash the criminal proceeding.

(3.) The first respondent-company is the employer and the petitioner accused is their ex-employee, who is a doctor and conducting his dispensary in the premises of the Company under an agreement which is called leave and licence agreement dated July 1, 1969, he was given permission to conduct the dispensary. There is also an order of appointment which is dated July 2, 1969, the terms of this order are as under :