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.