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M. K. THAKKER
Mafatlal Industries Ltd Thro Ankit Girishkumar Patel – Appellant
Versus
Naranbhai Dahyabhai Raval Legal Heirs Of Decd. Dahyabhai Somabhai Raval – Respondent
JUDGMENT :
M. K. Thakker, J.
1. This appeal is filed under section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C”) challenging the judgment and order of acquittal dated 13.10.2023 passed by learned 5th Additional District and Sessions Judge, Kheda in Criminal Appeal No. 40 of 2021 acquitting the respondent-accused from the charges and setting aside the judgment and order passed by the learned Judicial Magistrate First Class, Nadiad dated 18.02.2021 in Criminal Case No.202 of 2010.
2. The facts in a nut shell arising from the present case is as under:
2.1. The complainant company is situated at Nadiad and complainant is the senior officer serving in the complainant company. The company is having its residence and it is allotted to its officers or employees till their service in the complainant Mill.
2.2. The father of the respondent-accused was serving in New Shorok Mill which is one of the division of the complainant company situated at Asarwa and the father of the respondent-accused was allotted room no. 87 till his service period and necessary leave and licence agreement was executed between the complainant and the deceased father of the accused on
Section 630 of the Companies Act applies to past employees and their heirs, allowing prosecution for wrongful withholding of company property.
Legal heirs of a deceased employee can be prosecuted under Section 630 of the Companies Act for wrongfully withholding company property, affirming the section's applicability.
Section 630 of the Companies Act, 1956, allows for the prosecution of company employees for wrongful possession or withholding of company property, and a complaint can be validly filed by an authoriz....
A binding promise for property transfer cannot be inferred without a concluded contract; retention of company property post-employment is a criminal offense under Companies Act, 1956.
Point of law : If an order is not obligatory to be passed under the statute, no appeal would lie against the offence alleged under Section 7A(2)(c) of the Factories Act as is alleged in the case at h....
Criminal intent in property transactions leads to proceedings under IPC, regardless of parallel civil suits.
The court clarified that while Section 630(2) allows immediate property retrieval, its execution requires careful consideration of individual circumstances, particularly humanitarian concerns.
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