PRAKASH RUPCHAND GANGARDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. N. R. Saboo, Advocate, for the applicant, Mr. K. S. Dhote, A. P. P. for respondent No. 1 State and mrs. Anjali Joshi, Advocate, for respondent No. 2.

(2.) BY this application under section 482 of Code of Criminal Procedure, the applicant/accused in Criminal Complaint Case no. 1790/2002 filed by Respondent No. 2 for the offence under section 630 of the companies Act, before Judicial Magistrate, first Class, Telhara, challenges the order by which his application for discharge was rejected, and the order passed by learned additional Sessions Judge, Akola, by which he rejected his Criminal Revision to challenge the said order.

(3.) RESPONDENT No. 2 Complainant has filed the proceedings under section 630 of the Companies Act against the applicant/ accused in Criminal Complaint Case No. 1790/2002 before J. M. F. C, Telhara. It had sought the eviction of the accused/applicant inasmuch as he was not in the service of the complainant, as allotment of accommodation was a condition of service. During the course of the proceedings, the applicant/accused moved an application for discharge on the ground that he has filed misc. ULP Complaint No. 24/2000 before the Labour Court, Akola. It was for setting aside the order passed on 1. 8. 2001 of termination of service. It is alleged that the applicant/accused was transferred to khandwa on 21. 6. 1996. Thereafter he had joined at Khandwa on 12. 3. 1997. He was instructed by the complainant to vacate the quarter. The permission granted to him to occupy the quarter was also cancelled by letter dated 13. 10. 1997. Thereafter his services were terminated and notice was issued to the accused/applicant for vacating the quarter. It is alleged that he was wrongfully holding the residential quarter without any legal right and permission from the company. As such the complaint under section 630 of the Companies Act were filed by the complainant.