M.Y.EQBAL, J. - (1.) IN this application filed under Section 482 Cr PC the petitioner has prayed for quashing the entire criminal proceedings and the order dated 16.3.2001 passed by Judicial Magistrate Jamshedpur in C.I. No. 1152 of 2000 whereby he has taken cognizance under Section 630 of the Company's Act against the petitioner.
(2.) THE brief facts of the case is that petitioner was in the service of opposite party No. 2 Company and while he was in service he was extended the facility of residential accommodation since 1993. Petitioner's service was terminated by the Company with effect from 6.10.99. The Company thereafter asked the petitioner to vacate the residential quarter since he ceased to be in employment of the Company Inspite of notice and reminders, petitioner did not vacate the premises and thereby he alleged to have committed offence under Section 630 of the Companies Act by wrongfully withholding the said premises which is the property of the Company. Learned counsel for the petitioner assailed the criminal proceeding and the order of cognizance as being illegal and wholly without jurisdiction. Learned counsel submitted that when the services of the petitioner was terminated, he moved before the appropriate government for referring the dispute to the Labour Court under Section 10 of the Industrial Disputes Act and the Government finally referred the disputes to the Labour Court vide notification dated 17.11.2000 being Reference Case No. 61/2000/. Learned counsel submitted that since termination of service of the petitioner was illegal, the Government referred the dispute to the Labour Court for adjudication and as such under these circumstances the criminal prosecution against the petitioner under Section 630 of the Companies Act is an abuse of process of the Court.
(3.) SECTION 630 of the Companies Act reads as under : 'Penalty for wrongful withholding of property. - -(1) If any officer or employee of a company - - (a) wrongfully obtains possession of any property of a company; or (b) having any such property in his possession wrongfully withholds it or knowingly applies it to purposes other than those expressed or directed to the articles and authorized 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 ten 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, knowingly misapplied or in default to suffer imprisonment for a term which may extend to two years.' ;