- (1.) After hearing Shri S. K Kapoor, learned counsel appearing for respondent No. 1 in Criminal Appeals Nos. 251-252 of 1986 at quite some length, we are not persuaded to take a view different from the one expressed by this Court in the recent judgment in Baldev Krishna Sahi v. Shipping Corpn. of India, Ltd., (1987) 4 SCC 361 : (AIR 1987 SC 2245) overruling the judgment of the Calcutta High Court in Amrit Lal Chum v. Devi Ranjan Jha, (1987) 61 Com Cas 211 as to the scope and effect of subs. (1) of S. 630 of the Companies Act, 1956. The Court in Baldev Krishna Sahi's case has placed a beneficent construction on the provisions contained in sub-s. (1) of S. 630 of the Act and according to it the term 'officer or employee' in sub-s. (1) of S. 630 must be interpreted to mean not only the present officers and employees of a company but also to include the past officers and employees of the Company. It has also taken the view that the words 'any such property' in cl. (b) thereof qualify the words 'any property of Company' appearing in cl. (a). As observed in Baldev Krishna Sahi's case, S. 630 of the Act plainly makes it an offence if an officer or employee of a company who was permitted to use the property of the company during his employment, wrongfully retains or occupies 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 S. 630(1)(b) of the Act. The construction placed by this Court in Baldev Krishna Sahi's case is the only construction possible. There is therefore no warrant to give a restrictive meaning to the term 'officer or employee' appearing in sub-s. (1) of S. 630 of the Act as meaning only the existing officers and employees and not those whose employments have been terminated. The Court in Baldev Krishna Sahis case has expressly overruled the judgment of the Calcutta High Court in Amrit Lal Churn v. Devi Ranjan Jha, (supra) against which these appeals have been filed and upheld the consistent view to the contrary taken by the High Court of Bombay in a series of cases. See Harkishin Lakhimal Gidwani v. Achyut Kashinath Wagh, (1982) 52 Com Cas 1 : (1981 Tax LR 2534) Govind T. Jagtani v. Sirajuddin S. Kazi, (1984) 56 Com Cas 329.
(2.) Accordingly, these appeals must succeed and are allowed with costs. The judgment of the High Court allowing the applications under S. 482 of the Code of Criminal Procedure, 1973 are set aside.
(3.) Shri S. K. Kapoor, learned counsel appearing for respondent No. 1 in Criminal Appeals Nos. 251-252 of 1986 and Shri Parijat Sinha, learned counsel for respondent No. 1 in Criminal Appeal No. 368 of 1986 pray for time to vacate the premises in their occupation. We grant the respondents time till June 30, 1988 to vacate the premises subject to their furnishing the usual undertaking in this Court within four weeks from today. If there is a failure on the part of the respondents to comply with these conditions, namely, failure to file the said undertaking and/or to vacate the premises within the time allowed, the cases against them i.e. Complaint Case No. 1053/83 in the Court of IIIrd Additional Judicial Magistrate, Alipore 24 Paraganas and Complaint Case No. 2788/84 in the Court of Special Divisional Judicial Magistrate, Alipore 24 Paragana shall continue. In the event of respondents' failure to file the undertaking and/or vacate the premises within the time specified, the learned Magistrate shall proceed with the trial of these cases and dispose them of as expeditiously as possible and in any event, not later than October 31, 1988.;