https://www.taxtmi.com/caselaws?id=794493 Wrongful withholding of company property under Section 452 of the Companies Act, 2013 remains a penal offence and is not decriminalised by the 2020 amendment, which only added a limited proviso for wrongful possession or withholding of a dwelling unit in specified welfare-payment situations. The adjudicatory power under Section 454 operates in a different field and does not replace prosecution for Section 452 offences. Exclusion of Section 452 from the Special Court regime under Sections 435 and 436 also indicates that the complaint lies before the competent Judicial Magistrate. The Magistrate was therefore competent to receive and proceed with the complaint. en-us Wed, 01 Jul 2026 00:00:00 +0530 Tue, 07 Jul 2026 08:39:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=794493 Wrongful withholding of company property under Section 452 of the Companies Act, 2013 remains a penal offence and is not decriminalised by the 2020 amendment, which only added a limited proviso for wrongful possession or withholding of a dwelling unit in specified welfare-payment situations. The adjudicatory power under Section 454 operates in a different field and does not replace prosecution for Section 452 offences. Exclusion of Section 452 from the Special Court regime under Sections 435 and 436 also indicates that the complaint lies before the competent Judicial Magistrate. The Magistrate was therefore competent to receive and proceed with the complaint. Case-Laws Companies Law Wed, 01 Jul 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=794493