9911796707
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Issues:
- Whether an offence punishable under section 630 of the Companies Act, 1956, is a continuing one or not. Analysis: The judgment addresses the issue of whether an offence under section 630 of the Companies Act is a continuing one. The petitioner, a former Deputy Divisional Manager of a company, was alleged to have wrongfully withheld company property by not vacating a flat after retirement. The petitioner argued that since the alleged offence occurred upon retirement in 1984, a complaint filed in 1986 was time-barred. The court referred to the Supreme Court's explanation of a continuing offence in Deokaran's case, emphasizing that a continuing offence persists as long as the wrongful act continues. The court noted that section 630(1)(b) of the Companies Act pertains to wrongfully withholding company property, indicating a continuing offence as long as the property is retained. The court rejected the petitioner's comparison to non-continuing offences under sections 159 and 220 of the Companies Act, emphasizing the distinction in language and nature of the offences. The judgment highlights the interpretation of a continuing offence under section 630 of the Companies Act, emphasizing the ongoing nature of the offence based on the wrongful withholding of company property. The court's analysis relied on the language of the statute and previous judicial interpretations to conclude that the offence persists as long as the property is retained unlawfully. By distinguishing this offence from non-continuing offences related to filing deadlines, the court clarified that the nature of the act determines whether it constitutes a continuing offence. The judgment provides a comprehensive explanation of the legal principles governing continuing offences under the Companies Act, ensuring clarity on the application of such provisions in cases involving wrongful withholding of company property. In conclusion, the court dismissed the revisional application, holding it lacked merit. The court emphasized that the offence under section 630 of the Companies Act is a continuing one, rejecting the petitioner's argument based on non-continuing offences under other sections of the Act. The court directed the Magistrate to expedite the proceedings, indicating a swift resolution to the case. The judgment serves as a significant legal precedent in interpreting the concept of continuing offences under the Companies Act, providing clarity on the application of such provisions in similar cases involving wrongful acts against company property.
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