JAGDISH YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned Counsel for the Petitioner, the learned Counsel for the State and the learned Counsel for the Opposite Party No. 2.

(2.) The Petitioner has filed the instant revision application against the judgment and order dated 26.2.2010 passed in Cr. Appeal No. 340 of 2009 by the Sessions Judge, Dhanbad affirming the judgment and order dated 17.11.2009 passed by the learned Judicial Magistrate, 1st Class, Dhanbad, in C.P. Case No. 1754 of 2005 being T.R. No. 662 of 2009 by which the Petitioner above named has been held guilty for the offence punishable under Section 630 of the Companies Act 1956 and thereby, the trial court imposed sentence of fine of Rs. 1,000/- (Rupees one thousand) only and on default, simple imprisonment of 15 days. The trial court has further directed this Petitioner to vacate the Company's Quarter within 30 days of the order.

(3.) The Petitioner's case, in brief, is that the complainant/opposite party No. 2 (the Company) has filed a complaint petition stating therein that the Petitioner being an employee of the complainant's Company, was allotted a Company Quarter B-15 at Dhansar. It is further alleged that the Petitioner left his job w.e.f. 20.2.2001 and the company asked him to collect his dues and vac(sic)te the quarter. But as he did not turn up and vacate the quarter, a legal notice was given to him. It is also alleged that the Petitioner has withheld the quarter wrongfully.