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TMI Blog2002 (7) TMI 723X X X X Extracts X X X X X X X X Extracts X X X X ..... g the accused under section 630(1)( b ) of the Companies Act. 2. The relevant facts leading to the filing of this appeal may be summarised as follows : M/s. Union Carbide India Ltd. under which the respondent-accused, Birendra Nath Bhattacharjee, was employed as an officer brought a criminal case against the said respondent-accused before the Court of the learned Chief Judicial Magistrate, 24-Parganas (South) Alipore on the allegations that the respondent was provided with residential accommodation in the first floor-flat of premises No. 766/1. Block P , New Alipore, Calcutta in respect of which the company-complainant was a tenant on payment of monthly rent on the fulfilment of different terms and conditions as stipulated under a w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , however, produced two documents marked as Exts. A and B . Thereafter, the accused who was examined under section 313 of the Cr.P.C. After considering the materials on record and hearing the arguments of the learned advocates of both sides, the learned C.J.M. passed his judgment whereunder he found the accused guilty under section 630(1)( b ) of the Companies Act and convicted him therein and sentenced him to pay fine of Rs. 2000. The Court also directed the convict to deliver up the flat in dispute in favour of the company within three months from the date of judgment, i.e. , 18-3-1997. 4. Being aggrieved thereby, the convict-respondent preferred an appeal against that judgment and order of conviction and sentence before the Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gment the learned Additional Sessions Judge has simultaneously expressed diametrically opposite observations. At the first instance, he begins with the assertion that among the witnesses, P.W. 4, Smt. Jaya Mitra, is the landlady in respect of the disputed flat. But few lines after, he observes that in this case the landlady having not been examined by the complainant, the company has failed to show that its tenancy under that landlady in respect of the disputed flat is still continuing. It is needless to mention that the said landlady, as per his own statement at page 4 of the judgment, has been examined by the complainant and as a matter of fact, the deposition of that landlady (P.W. 4) is very much there in the lower Court records and in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he was to vacate it in favour of the company on his superannuation. It is also admitted that the flat was given to him by the company on such terms and conditions vide his answer to question No. 1 under section 313 of the Cr.P.C. and also the letter of his advocate dated 13-5-1991 vide Ext. 4 written to the company. In this letter, it has been admitted in clear terms that the company used to pay rent to the landlady on behalf of the accused-respondent and also that the company took tenancy in respect of this flat for this employee and used to pay rent Rs. 625 per month to the landlady. Ext. 7 is another letter from the respondent-accused to the company which shows that he would retire from services under the company on and from 1-3-199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stated that she has been receiving rent from the company through account-payee cheques every month regularly by registered post and there was no relationship of landlord and tenant between herself and the accused respondent. The defence has miserably failed to adduce the slightest evidence in support of such a plea as taken by the accused while being examined under section 313 of the Cr.P.C. The documents which has been produced by him are Exts. A and B but neither of them has any bearing upon the claim of the accused that he is a tenant directly under the landlords of the disputed flat. Ext. A is a letter written by one Sri P.K. Bose to the accused-respondent to the effect that the writer was expressing his hope that he (the accused) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions of section 630(1)( b ) of the Companies Act had been fulfilled from the evidence. The decision of the learned trial Court, i.e. , the Court the learned C.J.M. were perfectly in order and I do not find any reason why such findings of the learned trial Court should not be accepted. 11. Accordingly, the judgment and order passed by the learned Additional Sessions Judge; 11th Court, Alipore being totally perverse be set aside and the judgment and order of the learned trial Court, i.e. , the Court of the learned C.J.M. be revised. The accused-respondent stands found guilty under section 630(1)( b ) of the Companies Act and stands convicted thereunder and the order that he be sentenced to pay a fine of Rs. 1,000 be upheld and restored. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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