M/S.GOKAK PATEL VOKART LIMITED vs DUNDAYYA G.HIREMATH

The Supreme Court held that the offence under Section 630(1)(b) of the Companies Act, 1956 is a continuing offence, allowing for prosecution beyond the six-month limitation period post-retirement of employees. The Court emphasized that 'officer' or 'employee' includes both past and present individuals, and that the nature of the offence keeps the contravention alive day by day. The Court reversed the High Court's decision, allowing the appellant's complaints to proceed, thereby affirming the legislative intent to facilitate the retrieval of company property.