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november 1998

Supreme Court of India · 1998-11-27

JAGDISH CHANDRA NIJHAWAN vs S.K.SARAF -

Citation / case number
SC 1989/72558
Court
Supreme Court of India
Petitioner
JAGDISH CHANDRA NIJHAWAN
Respondent
S.K.SARAF -
Author
NANAVATLI
Bench
S.P KURDUKAR. G.T. NANAVATI

Judgment text excerpt

The Supreme Court upheld the High Court's decision to quash the discharge order of the appellant by the Judicial Magistrate in Criminal Case No.C/194/1985, emphasizing that a prima facie case under Section 630 of the Companies Act was established. The Court clarified that while the High Court found insufficient grounds for charges under Sections 406, 408, and 409 IPC, it did not preclude the Magistrate from further examination of those charges. The ruling reinforced the principle that disputes involving employment and possession of company property can invoke criminal liability under specific statutory provisions.

JAGDISH CHANDRA NIJHAWAN vs S.K.SARAF - · Niyam