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TMI Blog2006 (1) TMI 248X X X X Extracts X X X X X X X X Extracts X X X X ..... in the Court of Special Chief Judicial Magistrate, Meerut under section 630 of the Companies Act. 3. Brief facts of the case are that applicant was employed in the company of the opposite party No. 2 and was also allotted a quarter No. B-1/17, Mutanipua, Modinagar in connection with his employment in the company. However, the services of the applicant were terminated on 19-2-2002 and the applicant was required by the opposite party No. 2 to vacate the quarter but he did not do so and then the complaint was filed under section 630 of the Companies Act and after examining the complainant and the witnesses under section 200/202, Cr. P.C. learned Magistrate finding prima facie case against the applicant directed to summon the applicant v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ( b )having any such property in his possession, wrongfully withholds it or knowingly applies it to purposes other than those expressed or directed in the articles and authorised by this Act; he shall, on the complaint of the company or any creditor or contributory thereof, be punishable with fine which may extend to one thousand rupees. (2) The Court trying the offence may also order such officer or employee to deliver up or refund, within a time to be fixed by the Court any such property wrongfully obtained or wrongfully withheld or knowingly misapplied, or in default, to suffer imprisonment for a term which may extend to two years. 7. This section shows that if any officer or employee of company who is in possession of the compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not help the applicant. 9. Learned counsel for the opposite party has cited the case of Baldev Krishna Sahi v. Shipping Corpn. of India Ltd. [1987] 4 SCC 361, where it has been held that the term officer or employee of a company applies not only to existing officers or employees but also to past officers or employees if such officer or employee either ( a ) wrongfully obtains possession of any property, or ( b ) obtained such property during the course of his employment withholds the same after the termination of his employment. It is the wrongful withholding of such property, meaning the property of the company after termination of the employment, which is an offence under section 630(1)( b ) of the Act. 10. Learned counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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