2023 (7) TMI 420

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....panies Act, 2013. 2. It is alleged in the complaint that the petitioners were employed with the respondent, that they had resigned from the company; that while they were in employment with the respondent, the respondent had handed over laptops; that while sending their resignation letters, the petitioners did not hand over the laptops, and hence they are guilty of wrongfully withholding it which is punishable under Section 452 of the Companies Act, 2013. [hereinafter referred to as 'the Act' for the sake of convenience]. 3. The learned counsel for the petitioners submitted that, admittedly the petitioners had resigned from the company during the months of July and August 2020; that on 17.08.2020 and 20.08.2020, the second and ....

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....a rival company. The laptops contained technical knowledge and software, the company's trade secrets and intellectual property; and the petitioners ought to have returned the laptops on the date of resignation, and their withholding of the property is wrongful, and hence, they are liable for the offence under Section 452 of the Act. The learned counsel further submitted that the question of whether the withholding is wrongful has to be adjudicated in the trial Court and prayed for dismissal of this petition. 5. This Court finds that it is well settled that the offence under Section 452 of the Act, which is pari materia with Section 630 of the Companies Act, 1956 is quasi criminal. It is also well settled that the provision is intende....