- (1.) The accused-petitioner has filed this Criminal Revision Petition under Section 397 read with Section 401 Cr.P.C. against the judgment and order dated 28.3.2016 passed by the Additional Sessions Judge No.5, Jaipur Metropolitan, Jaipur in Criminal Appeal No.5/2011 whereby the learned Appellate Court by dismissing the appeal filed by the petitioner affirmed and upheld the judgment and order dated 28.2.2009 passed by the Additional Chief Judicial Magistrate (Economic Offences), Jaipur in Criminal Complaint Case No.54/2008 whereby the trial Court convicted the petitioner for offence under Section 630 of the Companies Act and sentenced him for a fine of Rs.1,000/-. The petitioner was further directed by the trial Court to vacate the premises in dispute within a period of three months and hand over possession thereof to respondent-complainant and to undergo simple imprisonment for six months in case he fails to do so.
(2.) Brief relevant facts for the disposal of this petition are that respondent-complainant M/s Arafat Petro Chemicals Pvt. Ltd. filed a complaint against the petitioner in the trial Court for offence under Section 630 of the Companies Act (hereinafter to be referred as "the Act") with the averment that the petitioner was an employee of M/s J.K.Synthetics Limited, Kota in which due to strike and agitation by the employee lockout was declared by the said company on 12.9.1997. It was further averred that in a suit filed by the said company, Hon'ble Bombay High Court appointed receiver and the unit of the company got remained in possession of the receiver from January 1998 to December 2004. As per the complaint the unit of M/s J.K.Synthetics Limited at Kota was purchased by the respondent-complainant company including the staff colony on 30.12.2004 and since then it is in possession and ownership of complainant-company. It was further alleged in the complaint that two tripartite agreements dated 9.10.2002 and 22.10.2002 were executed between the parties and as per these agreements services of employees/staff including that of petitioner were terminated with effect from 12.9.1997. It was further averred that petitioner was occupant of premises in dispute as an employee of M/s J.K.Synthetics Limited and, therefore, he was liable to vacate the premises as soon as his services were terminated with effect from 12.9.1997 but he failed to do so despite the fact that the complainant-company served a legal notice upon him to hand over the possession of the premises in dispute. It was averred in the complaint that by not vacating and handing over possession of the premises in dispute, the petitioner has committed offence under Section 630 of the Act for which he is liable to be convicted and sentenced and he is further liable to be directed to vacate it.
(3.) In support of the complaint respondent produced oral as well as documentary evidence whereas accused-petitioner in his statement under Section 313 Cr.P.C. denied the claim made by the respondent and specifically took a plea that a civil suit is pending in a Court in which stay order has been passed in his favour and proceedings are still pending before Board for Industrial Finance and Reconstruction (BIFR') and the tripartite agreement has been withdrawn. Learned trial Court after considering the submissions made on behalf of the respective parties and the evidence available on record convicted and sentenced the petitioner vide judgment and order dated 28.2.2009 against which petitioner filed Criminal Appeal No.5/2011 which was initially allowed by the Appellate Court vide judgment and order dated 28.3.2012. On S.B.Criminal Revision Petition No.626/2012 being filed by the respondent-complainant against this judgment and order, the same was allowed by the Co-ordinate Bench of this High Court vide order dated 2.9.2015 and the judgment and order dated 28.3.2012 was set aside and the matter was remanded back to the Appellate Court with a direction to reconsider the appeal and decide it afresh after considering the points raised by the respondent in the revision petition. After remand the appeal was reconsidered and the same was dismissed by the Appellate Court vide judgment and order dated 28.3.2016.;