Dibyendu Bhusan Dutta, J. : The present application under s. 482 of the Code of Criminal Procedure and Art. 227 of Constitution of India is directed against an order dated 31.7.96 passed by the learned Chief Judicial Magistrate, Alipore, in complaint case No. C 1064 of 1996 rejecting the petitioner company's application under s. 630(2) of the Companies Act.

2. The petitioner company acquired ownership of flat No. 168, Minto Park Syndicate, in the premises No. 13, Debendra Lal Khan Road, Calcutta. The respondent No. 2 joined the company as General Finance Manger sometime in July, 1991. He was allotted the aforesaid flat for use and occupation of his own and his family during the course of his employment in the petitioner company. The respondent No.2 by addressing a letter dated 3.2.94 to the company submitted his resignation expressing his desire to be released from the services of the company on the closure of business hours on 30th June, 1994 and on that very day, the petitioner company accepted his resignation. The respondent No.2 by his letter dated 4.2.94 applied for cancellation of his signatures from all bank accounts, power of attorney, trusteeship of Provident Fund a