( 1 ) THE criminal revision arises out of the order dated 2nd September, 2003, passed by the learned Metropolitan Magistrate, 8th Court, calcutta whereby the learned Magistrate had dismissed the complaint under section 203 of the Code of Criminal Procedure in connection with Case No. 4581 of 2003 under section 406/420/120b of the Indian Penal Code.

( 2 ) THE revisional applicant, namely ICICI Bank Ltd. was the patitioner-complainant and it alleged commission of an offence by the opposite parties under section 406/420/120b IPC.

( 3 ) ACCUSED No. 1 was the company, namely Maikaal Fibres Ltd. and accused No. 4 namely, Migrenda Jalan. Accused No. 3 is another company namely, Dinjoyee Tea Estate Pvt. Ltd. and accused No. 2 Mahadeo Jalan was the Managing Director of accused No. 3 that is Dinjoyee Tea Estate pvt. Ltd.

( 4 ) THE sum and substance of the allegations made out in the complaint is this: the accused No. 2 Mahadeo Jalan, was the Managing Director and/or the livewiare of accused No. 3 that is the Dinjoyee Tea Estate Pvt. Ltd. and he was in complete control of the day-to-day business and/or affairs of the accused No. 3. Accused No. 4 that is Mrigendra Jalan