9911796707
TMI Blog1994 (9) TMI 275X X X X Extracts X X X X X X X X Extracts X X X X ..... er tin his capacity as president was entitled to have vehicle for his use land an air-conditioned Premier Padmini car, bearing Registration No. AP.9-T 6214, was given to him for his use. Now his services have been dispensed with. The complainant-company issued a notice to him to hand over the said car, which was not complied with by the petitioner. Hence, invoking section 630 of the Companies Act (hereinafter referred to as "the Act"), this petition has been filed to direct the petitioner to return the vehicle. The petitioner in his petition to quash the proceedings has raised two contentions, viz ., that he is not an employee as defined under the Act to initiate proceedings against him and that there is nothing in the complaint to show ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he word "officer" does not fit him in his capacity as the president of the respondent company. Therefore, the first objection raised by learned counsel for the petitioner falls to the ground. With regard to the next contention, viz ., the jurisdiction of the Additional Chief Metropolitan Magistrate, I find that nowhere in the petition is it stated where the vehicle was handed over to the petitioner. Learned counsel for the petitioner refers to the telegrams and letters of the petitioner, in which he has admitted his liability to hand over the vehicle to the respondent-company. No doubt, his liability is admitted, but for invoking a provision, the court must have the jurisdiction and the place of cause of action must be specifically menti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce again a fresh proceeding has to be initiated from the beginning. Instead of that, an opportunity may be given to the respondent-company to amend the petition. If that is not complied with by the respondent-company, the petitioner can very well knock at the doors of this court to quash the proceedings under section 482 of the Code of Criminal Procedure. Therefore, I feel it just and proper to permit the respondent-company to amend the petition before the learned Additional Chief Metropolitan Magistrate, Egmore, Madras. Subject to the observation that the respondent-company is to take out an application to amend the complaint, furnishing details of the place of jurisdiction within a period of two weeks from the date of receipt of the reco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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