GITESH RANJAN BHATTACHARJEE, J.

( 1 ) BY this revisional application, the petitioner has sought to quash the criminal proceeding, being Complaint Case No. 2026 of 1990, pending in the court of the Metropolitan Magistrate, 17th Court, Calcutta, under Section 630 (1) (b) of the Companies Act, 1956. The opposite party, Guest Keen Williams Ltd. , lodged the complaint against the present petitioner in the court of the Metropolitan Magistrate, Calcutta. It is the allegation of the opposite party/complainant that the petitioner/ accused was initially appointed as an employee of the company and was then promoted as a director of the company and in course of such employment the accused was entrusted with the company's premises situated at H-9, Maharani Bagh, New Delhi-110 065 and he was permitted to use the said, premises during his employment with the company. The petitioner accused, however, submitted his resignation in November, 1987. Thereafter, in pursuance of a decision of the chairman and managing director of the company the accused was appointed as a consultant of the company for the period from December 1, 1987, to March 31, 1988. One of the terms and conditions of the appointment

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