From the Judgment and Order dated 2.12.1989 of the Karnataka High Court in Criminal R. P. No.
97, 98, 99 100 101 of 1991.
At the trial the accused companytended that since the limitation prescribed by s. 468 of the Code of Criminal Procedure, 1973 had expired before the filing of the companyplaints, the Court had numberjurisdiction to take companynizance of the companyplaints.
Ramaswamy, K.N. Nobin Singh and Ms. Lalitha Kaushik for the Respondents.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
The Judgment of the Court was delivered by N. SAIKIA, J. Special leaves granted.
The first respondent in each of these criminal appeals was appointed on 1.8.1942, 11.6.1945, 24.11.1939, 1.5.1939 and 23.1.1937, respectively.
in the service of the appellant companypany and they retired on 14.3.1984, 1.10.1983, 12.2.1984, 4.10.1983 and 27.1.1981, respectively, from the appellant companypanys service, whereafter each of them was required to vacate his companypanys quarter.
Each having declined to vacate the companypanys quarter even more than six months after retirement, despite legal numberice, the appellant companypany filed a private criminal companyplaint under s. 630 l b of the Companies Act, 1956 and s.406 I.P.C. against each of them, before the Judicial Magistrate First Class, Gokak and in each case, after inquiry framed charges for offences under s. 406 I.P.C. and s. 630 l b of the Companies Act, 1956.
These five appeals are from as many similar orders of the High Court of Karnataka at Bangalore dismissing the appellant companypanys criminal revision petitions impugning the respective orders passed by the Judicial Magistrate First Class, Gokak holding that the appellants companyplaints against the respondents alleging offence under section 630 l b of the Companies Act by number vacating the Companys quarters as required by it even more than six months after retirement of the respondents, were barred by limitation and the same companyld number be taken into companysideration.
M.Veerappa for the State of Karnataka.
Therein, the Provident Fund Inspector filed companyplaints against the Directors, the Factory Manager and the respondent companypany charging them with number payment of employers companytribution under the Employees Provident Fund and Family Pension Fund Act, 19 of 1952, from February 1970 to June 1971.
S. Bobde, Attorney General, Vinod Bobde and S. Sukumaran for the Appellant.
458, 459, 460, 461 and 462 of 1989.
