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2023 (7) TMI 420 - MADRAS HIGH COURTWrongful withholding of laptops (after resignation) which is punishable under Section 452 of the Companies Act, 2013 - HELD THAT:- This Court finds that it is well settled that the offence under Section 452 of the Act, which is pari materia with Section 630 of the Companies Act, 1956 is quasi criminal. It is also well settled that the provision is intended to provide a speedy mechanism for recovery of any property belonging to the company withheld wrongfully by any person. The Act provides that the Court trying an offence may order an employee to deliver the wrongfully withheld property, and the failure to comply with the said order is punishable with imprisonment and fine. In the instant case, the petitioners admittedly delivered the property said to have been withheld by them. The respondent cannot refute the communications and the receipt of the laptops. From the facts and circumstances, it cannot be said that the petitioners had wrongfully withheld the property. The petitioners have returned the property and since, in the facts and circumstances, it cannot be said that they had initially wrongfully withheld the property, the continuation of the impugned prosecution would be an abuse of process of law. Therefore, this Court is of the view that the impugned prosecution is liable to be quashed. Petition allowed.
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