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TMI Blog1995 (8) TMI 234X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER Ramaswamy, J. - Leave granted. 2. This appeal by special leave arises from the judgment and order dated 28-4-1995, by the Bombay High Court in Criminal Application No. 1222 of 1995. The appellant had joined the services of Rallis India Ltd. on 10-3-1965. He had occupied a residential flat at Morena No. 11, M.C. Dhanuka Road, Bombay. He resigned on 15-7-1986. The Rallis India Ltd., the second respondent, initiated proceedings in January 1987, against the appellant under section 408 of the Indian Penal Code and section 630 of the Companies Act, 1956 ('the Act') for the continued occupation of the appellant in the said flat. The Magistrate, by his order dated 12-10-1994, found the appellant guilty of offence under se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in possession thereof as a direct tenant with the landlords. 5. The trial court after considering the entire evidence recorded the findings by his judgment and decree dated 9-6-1995, holding that the company failed to prove that they are the tenant in respect of the suit premises. They had not given the premises to the appellant under (any) leave and licence agreement, as pleaded by them in the plaint. The company failed to prove that the appellant is a licensee of the suit premises. It also failed to prove that the premises were given to the appellant in lieu of his services. On the other hand, the appellant proved that he is a monthly tenant of the premises with the landlords, Badami, etc. Accordingly, the suit was dismissed. We ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the existence of the relationship of employer and employee is a condition precedent of an employee. If the company having any property of the company in his possession wrongfully withholds it or knowingly applies it to purposes other than those expressed or directed in the articles of company and authorised by the Act, he will be liable for the punishment under section 630. 8. In Atul Mathur v. Atul Kalra [1989] 3 Comp. LJ 127 (SC), another Bench of this Court, held that because of mere pendency of a suit in a civil court, it cannot be said that the civil court is in seisin of a bona fide dispute between the parties, and as such, the criminal court should have stayed its hands when the company filed a complaint under section 630. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as sentence or damages. The only relevant consideration is the likelihood of embarrass-ment. Another relevant factor to be noted is that a civil suit often drags on for years and it is undesirable that a criminal prosecution should await till everybody concerned has forgotten all about the crime. Public interest demands that criminal justice should be swift and it should ensure that the guilty is punished while the events are still fresh in public mind and that the innocent should be absolved as early as is consistent with a fair and impartial trial. Another reason is that it is undesirable to let things slide till memories have grown too dim to trust. This, however, is not a hard and fast rule. Special considerations obtaining in any part ..... X X X X Extracts X X X X X X X X Extracts X X X X
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