( 1 ) THIS criminal revisions is directed against the order of the learned Additional Sessions Judge, 11th Court Alipore dated the 8th August, 1997 passed in Criminal Motion No. 122 of 1997.

( 2 ) THE present petition has been filed by Sri Manas Kumar Ghosh who is the Assistant Manager of the Shipping Corporation of India. The opposite party No. 1, T. T. P. Mahmood was an employee of the Shipping Corporation of India and under a written agreement the opposite party was allowed to occupy a flat of the said Corporation in this capacity as an employee on condition that he will have to vacate the flat and deliver possession of the same in favour of the Corporation on his retirement or removal or resignation from service. In due course the opposite party No. 1 retired from the service of the Corporation on 30. 11. 92, but as in spite of such retirement and in spite of deamnd of the Corporation, the opposite party No. 1 did not deliver possession of the flat in favour of the Corporation, the Corporation filed a petition of complaint in the year 1993 under section 630 of the Companies Act, 1956. As the criminal proceeding under the said section of the Companies A