2003 3 SCR 589 The Judgment of the Court was delivered by P. MATHUR, J. Leave granted.
The appellants moved an application for recall of the process issued against them and for their discharge, which was rejected by the Metropolitan Magistrate, 14th Court, Girgaum, Mumbai by order dated December 1, 2001.
It fled a criminal companyplaint under Section 630 of the Companies Act, 1956 hereinafter referred to as the Act against Ashok Kumar Jalan, Smt.
Thereafter, they filed a writ petition which was allowed by the Bombay High Court and the proceedings against them were quashed and the said decision was challenged by the companypany by filing an appeal in this Court.
P.C. and Article 227 of the Constitution in the High Court of Bombay, which was dismissed by the impugned order dated January 18, 2002.
The companypany purchased the flat and became owner thereof in April, 1991.
Lalita Jalan accused number 2 is wife of Ashok Kumar Jalan and appellant number2 Siddharth Jalan accused number 3 is his son.
The proceedings of the companyplaint case were stayed in a companypany petition and finally sometime in the year 2001, the learned Magistrate issued process against the accused.
Shri N.K. Jalan died in 1967.
Thereafter, the appellants preferred a petition under Section 482 Cr.
Ashok Kumar Jalan accused number 1 and respondent number2 in the present appeal is son of Shri N.K. Jalan.
Bombay Gas Co. Ltd. respondent numberl had taken on lease a flat in a building known as Hari Bhavan, 64 Pedder Road, Bombay.
Lalita Jalan and Siddharth Jalan on March 16, 1994.
Shri N.K. Jalan, in his capacity as Director of the Company, was allotted the said flat.
Appellant number 1 Smt.
