9911796707
TMI Blog2023 (7) TMI 420X X X X Extracts X X X X X X X X Extracts X X X X ..... M.P. Nos. 3258 And 6974 of 2021 - - X X X X Extracts X X X X X X X X Extracts X X X X ..... ourier on 12.08.2021. The respondent refused to take delivery of the laptops. Thereafter, the petitioners sent it once again on 24.08.2021, which was received by the respondent. The learned counsel for the petitioners submitted that the offence under Section 452 of the Act is quasi criminal. The said provision, which is pari materia with Section 630 of the Companies Act, 1956, was intended to prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... valry with the respondent and had filed this complaint. 4. The learned counsel for the respondent, per contra, submitted that the petitioners had joined a rival company. The laptops contained technical knowledge and software, the company's trade secrets and intellectual property; and the petitioners ought to have returned the laptops on the date of resignation, and their withholding of the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with imprisonment and fine. In the instant case, the petitioners admittedly delivered the property said to have been withheld by them. The respondent cannot refute the communications and the receipt of the laptops. From the facts and circumstances, it cannot be said that the petitioners had wrongfully withheld the property. The Honourable Supreme Court in Lalita Jalan and Another Vs. Bombay Gas Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Companies Act, 1956, which is now incorporated in Section 452 of the Act. 6. In view of the fact that the petitioners have returned the property and since, in the facts and circumstances, it cannot be said that they had initially wrongfully withheld the property, the continuation of the impugned prosecution would be an abuse of process of law. Therefore, this Court is of the view that the imp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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