GURCHARAN SINGH Vs. GURCHARAN SINGH AND ORS

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. is for quashing the complaint (Annexure P-1) filed by the respondent under Sections 409/448/506 IPC read with Section 630 of the Companies Act, 1956, against the petitioner in which the petitioner has been summoned under Sections 409/448/506 IPC.

(2.) The necessary facts as divulged from this petition are summarised as under :-

(3.) The petitioner further alleged that for the use of Company, property bearing No. 319 Model Town, Ludhiana was purchased from Smt. Ram Kaur widow of Sohan Singh, resident of 512, Model Town Ludhiana, vide sale-deed dated April 13, 1983. The petitioner was allowed to keep the property being a Director of the Company. The petitioner was disqualified from the Directorship of the Company as per provisions of Section 283(1)(g) of the Companies Act, 1956 vide resolution dated June 25, 1987. Since the petitioner was removed from the Directorship of the Company so he was not entitled to occupy the property. It may be mentioned here that the Company was floated by the petitioner and respondent No. 1 with shares 50 : 50. Since the petitioner did not surrender the possession of the property so respondent Nos. 1 and 2 filed a complaint under Sections 409/448/506 IPC read with Section 630 of the Companies Act against the petitioner.