1987 (10) TMI 315

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.... This is an application under section 482 of the Criminal Procedure Code, 1973, for quashing the criminal complaint under section 630 of the Companies Act, 1956, filed against the present petitioners and one Rampal Gupta (Vide Criminal Case No. 1845 of 1987 of the C. J. M. Ujjain). Circumstances giving rise to this petition are these. The said Rampal Gupta, who is the uncle of petitioner No. ....

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.... present petitioners are actively abetting the commission of the offence by Rampal Gupta and can be proceeded against under section 630 of the Companies Act. The point for consideration is whether the application deserves to be allowed. Section 630 of the Companies Act is in these terms: "630. Penalty for wrongful withholding of property.-(1) If any officer or employee of a company- (a....

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....ion extracted above shows that a person who is not an officer or an employee, whatsoever be the nature of the offence, cannot be subjected to prosecution thereunder by the company. Shri Chitale's contention is that section 630 of the Companies Act has to be so interpreted as not to defeat the very purpose behind it and, therefore, those abetting the offence under section 630 of the Act must be ....