ORDER

This appeal is directed against the judgment of Karnataka High Court quashing a criminal proceeding instituted by the complainant-Company alleging that the accused-respondent, who was former Director of the Company committed offence under Section 630 of the Indian Companies Act by continuing to utilise the property, that was given to him as a Director notwithstanding the fact that he has ceased to be a Director of the Company since 1991. It transpires from the records of this proceeding that in 1992, the respondent - accused filed a civil suit for a declaration that he continues to be the Director of the Company Maratt Rubber Ltd. and obtained an interim order therein, but the same suit ultimately was dismissed for default on 2.1.1995. An application for restoration also has dismissed. There is no material to indicate as to whether the respondent has taken any further steps in that proceeding. The present complaint was filed after the dismissal of the said suit of 1992, and on the basis of the allegations made in the complaint, cognizance had been taken under Section 630 of the Companies Act. The accused-respondent appeared before the learned Magistrate and filed an applicatio