JUDGMENT

N.G. Chaudhuri, J - On behalf of Messrs, Jardine Hender Sons Ltd Amritlal Chum, one officer of the said company filed on 28.6.1983 a petition of complaint ill the court of Sub-Divisional Judicial Magistrate, Alipore under section 406 I.P.C. and section 630 of the Companies Act. The sum and substance of the complaint was that Debi Ranjan Jha, the accused held various offices under the company during a long career but his services under the company came finally to an end on 15.8.82. It was alleged that prior to that date at an officer of the company he was given possession of a furnished flat in premises No. 27, Ballygunj Park, Calcutta of which he was obliged to deliver up possession to the company on termination of his employment. It was alleged that having wrongfully retained possession of the flat after ceasing to be an officer of the company Mr. Jha, the accused, committed an offence under section 630 of the Companies Act and having dishonestly and wilfully retained articles of furniture with which his flat was furnished he committed further an offence under section 406 I.P.C. After cognizance was taken the case was transferred to the court of Mr. P.K. Deb, Judicial Mag