2008 Supreme(All) 871

[2008(7) ADJ 14 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : AMAR SARAN, J.
SHAMIMA BEGUM AND ANOTHER .....Applicants
Versus
STATE OF U.P. AND ANOTHER ......Opposite Parties
(Criminal Misc. Application No. 14199 of 2004, decided on 8th April, 2008)

Headnote:Criminal Procedure Code, 1973—Sections 482, 202 and 472—Companies Act, 1956—Section 630—General Clauses Act, 1897—Section 27—Complaint—Summoning order—Quashing of—Complainant/company provided accommodation to deceased husband of present applicants—Who was an employee of company—He resigned before his death—Service of eviction notice—Complaint against heirs of employee under Section 630 of Companies Act—In view of Section 27 of General Clauses Act a notice sent by registered post may be deemed to have been delivered in ordinary course within time—Non service of notice—Applicants may lead evidence to this effect during trial—Proceeding under Section 630 of Act would not lie against employee. Application Rejected.