Judgment

G.P. Mathur, J.—Leave granted.

2. This appeal has been preferred against the judgment and order dated January 18, 2002 of High Court of Bombay by which the petition preferred by the appellants under Section 482 Cr. P.C. and Article 227 of the Constitution was dismissed. The matter has been referred to a three-Judge Bench in view of the apparent conflict in the two decisions of this Court in Abhilash Vinodkumar Jain v. Cox & Kings (India) Ltd. & Ors., 1995 (3) SCC 732 and J.K. (Bombay) Ltd. v. Bharti Matha Mishra & Ors., 2001 (2) SCC 700.

3. Bombay Gas Co. Ltd., respondent No. 1, had taken on lease a flat in a building known as "Hari Bhavan", 64, Pedder Road, Bombay. Shri N.K. Jalan, in his capacity as Director of the Company, was allotted the said flat. Ashok Kumar Jalan (accused No. 1 and respondent No. 2 in the present appeal) is son of Shri N.K. Jalan. Appellant No. 1, Smt. Lalita Jalan (accused No. 2) is wife of Ashok Kumar Jalan and appellant No. 2, Siddharth Jalan (accused No. 3) is his son. Shri N.K. Jalan died in 1967. The company purchased the flat and became owner thereof in April, 1991. It filed a criminal complaint under Section 630 of the Companies Act, 1956