1994 (1) TMI 212

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.... on the file of the Judicial Magistrate No. II, Coimbatore, has filed this petition under section 482 of the Criminal Procedure Code, praying for calling of the records in the abovesaid case and quash the same. Short facts are : The respondent has filed a private complaint against the petitioner for offence under section 630(1) of the Companies Act. The allegations in it are briefly as follows : ....

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....Co. P. Ltd. with effect from April 1, 1977, on terms mutually agreed on August 1, 1977. The company was requested to supply betel-nut to the accused as required by him from time to time and raise invoice for the same and the accused should make payment in accordance with the agreement. The accused had to pay various amounts which are given in detail in paragraph 14. The accused did not make paymen....

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.... hence the entire prosecution is liable to be quashed. I have heard, Mr. K.V. Sridharan, learned counsel for the respondent, on the above aspects. I have carefully considered the submissions made by rival counsel. To consider the submission, section 630(1) of the Act needs extraction. It reads as follows : "(1) If any officer or employee of a company- (a)wrongfully obtains possession of any pro....

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....at the accused was appointed as a distributor of Messrs. Asoka Betel-nut Co. P. Ltd. with effect from April 1,1977, on terms mutually agreed and signed by both on August 1, 1977. A conjoint reading of paragraphs 12 and 14 would show that certain amounts were due to Asoka Betel-nut Co. P. Ltd. from Messrs. Shenthil Traders. As per the prayer in paragraph 15, a direction is to be issued to the accus....