Judgment

Nanavati, J.-This appeal arises out of the judgment and order passed by the High Court of Calcutta allowing Criminal Revision No. 624 of 1986 and setting aside the order of discharge passed by the Court of Judicial Magistrate, Alipur, in Criminal Case No. C/194/1985. The learned Magistrate had discharged the appellant on the ground that the complaint filed by the respondent and the material-on-record disclose that the dispute is really of a civil nature.

2. Sometime before 29.4.1983, the appellant retired as a Chairman and Managing Director of Andrew Yule and Co. Ltd. ABC Products Ltd. (for short ‘ABC’) desired to employ him as its President and put him in overall charge of management. It, therefore, entered into an agreement with the appellant on 29.4.1983 and appointed him as the President. Under the agreement, the appellant was to be provided with rent-free furnished flat described in the Schedule to that agreement. ABC Con­sultants (P) Ltd., stated to be a sister concern of ABC, was the lessee of that flat. As the ABC wanted to employ the appellant as President, it requested ABC Consultants (P) Ltd. to grant to it and the appellant permission to use and occupy the said f