NAGENDRA NATH GOGOI Vs. TENGAPANI TEA COMPANY LTD

JUDGEMENT

(1.) By means of this revision application, the petitioner seeks quashing of the proceedings in CR case No. 930(c)/2004 drawn against the petit joner under Section 630 of the Companies Act, 1956 now pending in the Court of Sub-divisional Judicial Magistrate (Sadar), Tinsukia. The petitioner has also assailed the legality and validity of the order passed by the learned Magistrate by which plea of the petitioner that the complaint petition filed by the complainant/respondent is not maintainable, has been rejected.

(2.) The complainant/respondent herein filed a complaint on 29.11.2004 before the learned Chief Judicial Magistrate, Tinsukia and the same was registered as CR Case No. 930(c)/2004 under Section 630 of the Companies Act, 1956. In the complaint, it was stated interalia that the petitioner having not vacated the company quarter allotted to him during Ms tenure of service is liable to be prosecuted under Section 630 of the Companies Act, 1956 and for restoration of the property.

(3.) The complaint petition having been entertain by the learned Magistrate, summons were issued to the petitioner and upon his appearance, he filed a petition challenging the very maintainability of the proceeding. The dbjection having been rejected by the impugned order dated 30.5.2005, the petitioner had filed the instant revision application with the aforementioned prayed.