(1.) Leave granted.
(2.) This appeal is directed against the judgment and order dated 8-4-2004 passed by the High Court of Bombay in Crl. Appeal No. 48 of 2000 acquitting the respondents Mrs. Manjula S. Agarwalla, Respondent No.1 and Ms. Anisha S. Agarwalla, Respondent No.2 of the offence punishable under Section 630 of the Companies Act, 1956. The complainants, viz., Herdillia Chemicals Ltd., non-chemical business was de-merged and vested in Shubh Shanti Company Ltd., by a Scheme of arrangement, approved by the Bombay High Court. Hence,, M/s. Shubh Shanti Services Limited came to be substituted in place of M/s. Herdillia Chemicals Ltd. as appellants during the pendency of the appeal before High Court.
(3.) Brief facts of the case are that the complaint was filed by the Company on 13-1-95 on the allegation that one Shri Suresh Chander Agarwalla, husband of Respondent No.1 and father of respondent No.2 was employed with the appellant Co. since 1971 till his death on 2nd of November 1992. He was appointed Managing Director of the appellant Co. for a period of five years with effect from 15th of June 1988. Flat No. 25 in a building called "Sonmarg" at 7B, Jagmohandas Marg, Mumbai, owned and possessed by the appellant-company was allotted to late Shri S.C. Agarwalla on 10th of March 1975 to be used for residential purpose for himself and members of his family during the period he was in service of the appellant. Board of Directors had extended the term of Shri S.C. Agarwalla as Managing Director of the Company upto 14th of June 1993. However, unfortunately, on 2nd of November 1992, Shri S.C. Agarwalla died when he was whole time Managing Director of the appellant-company. Respondents 1 and 2 were residing with him in Sonmarg flat being members of his family. Even after the death of Shri Agarwalla, they continued to occupy the said flat. It was alleged in the complaint that after the death of Shri Agarwalla, respondents were bound to vacate and handover the vacant possession of the said flat to the appellant-company but because of the critical health conditions of Respondent No.1, the appellant, on humanitarian grounds, did not take any step to get the flat vacated for some time. The appellant-company by its letter dated 28th of December 1993 demanded possession of the flat within 45 days of the receipt of the letter from the respondents. In response, Respondent No.1 by her letter dated 7th February 1994, addressed to the Secretary and Financial Controller of the appellant-company informed the appellant-company that she was staying in the flat because the Chairman had asked her to do so till the flat in another building was made available to her. The respondent by a subsequent communication addressed to the Chairman, referred to the assurance given to her that she would not be called upon to vacate the Sonmarg flat till the sale of Blue Heaven flat is executed as per separate agreement dated 10th of February 1978, entered into between Shri S. C. Agarwalla and the Company for purchase of Blue Heaven flat and informed that her late husband had the right to purchase the Blue Heaven flat and that the assurance given by the Chairman should be adhered to, by the appellant, to permit her to remain in possession of the Sonmarg flat till the sale deed is executed in respect of Blue Heaven flat.