1998 (3) TMI 533

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.... JUDGMENT Jain, J. - By this petition under section 482 of the Criminal Procedure Code, the petitioner, a public limited company, seeks quashment of the order dated 28-2-1996, passed by the Sessions Judge, Dewas, in Cr. Rev. No. 9 of 1996, in affirmance of the order dated 20-10-1995, passed by the Chief Judicial Magistrate, Dewas, dismissing the petitioner's complaint against the respondent und....

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....ossession of the property of the company. The order of the learned Chief Judicial Magistrate, was affirmed in revision by the Sessions Court who also took the same view. Reliance has been placed on a decision of this Court in Beharilal v. Binod Mills Co. Ltd. [1987] Bank J 621. 4. The question requiring determination by this Court is whether a complaint under section 630 is tenable against the ....

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.... 84 Comp. Cas. 28^1 , wherein the Apex Court after taking into consideration all the decisions referred to above has held : "Thus, our answer to the question posed in the earlier part of this judgment is in the affirmative and we hold that a petition under section 630 of the Act is maintainable against the legal heirs of the deceased officer/employee for retrieval of the company's property wron....

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.... the learned counsel for the respondent that the property in question does not, in fact, belong to the petitioner-company. If that is so, the respondent shall be free to demonstrate the same before the trial court. It is not open for this Court in the present petition to dwell upon the factual aspect of the case. The decision impugned was passed solely on the ground of maintainability of the compl....