M NARASLMHULU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 13-2-2000 passed by a learned Single Judge of this Court in Writ Petition No. 11417 of 2000 whereby and whereunder the writ petition filed by the appellants herein for quashing a First Information Report was dismissed.

(2.) The 1st appellant was a Director of a company incorporated and registered under the Companies Act, 1956. The 2nd appellant who is the wife of the 1st appellant was also a Director of the said company. The appellants were using a car allegedly belonging to the 2nd respondent herein. They resigned from the directorship but refused to return the car in spite of repeated demands. A complaint under Sections 406, 420 and 468 of the Indian Penal Code was filed. The contention of the appellants is that having regard to the fact that at best they have committed an offence under Section 630 of the Companies Act, the impugned First Information Repor,t should be quashed. Strong reliance in this connection has been placed on G. Kandaram vs. Sunder Chikha Amin1 and Mahavir Prasad Gupta vs. State of NCT of Delhi.

(3.) The First Information Report against the petitioners contains the following allegation: