BEHARILAL GUPTA Vs. BINOD MILLS LTD

JUDGEMENT

(1.) THIS is an application under Section 482 of the Criminal Procedure Code, 1973, for quashing the criminal complaint under Section 630 of the Companies Act, 1956, filed against the present petitioners and one Rampal Gupta (Vide Criminal Case No. 1845 of 1987 of the C. J. M. Ujjain ).

(2.) CIRCUMSTANCES giving rise to this petition are these. The said Rampal Gupta, who is the uncle of petitioner No. 1 and the husband of petitioner No. 2, was the executive director of the non-applicant-company. In that capacity he had been allotted the bungalow in question situate at Ujjain. After he had resigned from that office, the aforesaid complaint under Section 630 of the Companies Act, 1956, has been filed on the ground that he did not vacate the bungalow even after the acceptance of his resignation.

(3.) THE contention of the petitioners' learned counsel is that Section 630 of the Companies Act in terms permits filing of a complaint by the company only against the office-bearer or employee, and as the present petitioners are only relatives of the erstwhile executive director, the complaint against them is misconceived in law.