# TATA COFFEE LIMITED vs. RAMLA & STATE OF KERALA

> HC judgment dated 2026-07-01. Citation: TCN-2026-HC-00032. Tata Coffee Limited filed a complaint against its former employee, Ramla, under Section 452 of the…

- **Court:** HC
- **Order date:** 1 Jul 2026
- **Citation:** TCN-2026-HC-00032
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/bombay-high-court-panaji/tata-coffee-limited-vs-ramla-state-of-kerala-jx6dj

## Summary

### Background

Tata Coffee Limited filed a complaint against its former employee, Ramla, under Section 452 of the Companies Act, 2013, for wrongfully withholding residential accommodation. The Chief Judicial Magistrate (CJM) returned the complaint, erroneously holding that criminal courts lack jurisdiction and that Section 452 was decriminalized by the 2020 amendment, believing adjudication falls under Adjudicating Officers.

## Facts

Tata Coffee Limited (Petitioner/Complainant) filed a complaint against its former employee, Ramla (First Respondent/Accused).

The complaint alleged an offense under Section 452 of the Companies Act, 2013, for wrongfully withholding residential accommodation provided to Ramla.

The Chief Judicial Magistrate (CJM), Thrissur, returned the complaint via an order dated 13.02.2026.

The CJM held that penalties under Section 452 are to be adjudicated by an Adjudicating Officer appointed under the Companies Act, and not by any criminal Court.

The CJM also declared that no criminal Court has jurisdiction to take cognizance of an allegation under Section 452 of the Companies Act after the amendment made in the year 2020.

…

## Issues and analysis

### Issue 1: Whether the Chief Judicial Magistrate Court has jurisdiction to take cognizance of an offense under …

**Ratio:** A Magistrate not below the rank of Chief Judicial Magistrate is competent to decide

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**Reasoning:** Section 452 explicitly provides for punishment, including imprisonment for up to two

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**Interpretation:** The provisions of Section 452, particularly Sub-Section (2) which stipulates

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**Application:** The Chief Judicial Magistrate's finding that no criminal court has jurisdiction

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## Parties

- **Judges:** G.GIR…
- **Appellants:** TATA COFFEE…
- **Respondents:** RAML…; STATE OF…
- **Advocates:** SHRI.ABEL TOM…; SRI.D.PREM…; +8 more

## Timeline

- **2026-02-13 — CJM Orde…**: Chief Judicial Magistrate Court, Thrissur, issued an order returning the complaint filed…
- **2026-06-23 — Final He…**: The Criminal Revision Petition was…

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