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TMI Blog1987 (1) TMI 397X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner, Beguram. Facts in brief are that Beguram was employed as fitter (maintenance) in M/s. Jaipur Udhyog Ltd., Sawai Madhopur. He retired on September 7, 1978, but did not vacate the free quarters of the company bearing No. 101/200 which had been allotted to him while he was in service. Consequently, Jaipur Udhyog Ltd. filed a criminal complaint against the petitioner in the court of the Chi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal, he filed an application under section 389, Criminal Procedure Code, for suspension of the sentence and also of the order passed by the Chief Judicial Magistrate under sub-section (2) of section 630 of the Companies Act. The first contention advanced by Mr. Garg is that section 630 of the Companies Act is only applicable with respect to movable property because sub-section (2) of the said s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er 1, 1978, and he continued to occupy the quarter No. 101/200 even after his retirement. According to him, the offence was committed by the petitioner on September 1, 1978, when despite his retirement from the employment of the company, he did not deliver possession of the quarter which had been allotted to him. Learned counsel relied on section 468(2) of the Criminal Procedure Code and contended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e which expressly provides that in the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of time during which the offence continues. Continuing offence is one which is susceptible of continuance and is distinguishable from the one which is committed once and for all. Trespass is susceptible of continuance and does not end on the date on which it is initi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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