SURYA KUMAR TIWARI,J. - (1.) THIS petition has been filed for quashing the prosecution of Case No. C/2545 of 1987 pending in the Court of Additional Chief Judicial Magistrate, Alipore.
(2.) THE petitioner was appointed Managing Director of Himalayan Tea Co. Pvt. Ltd. (O.P.) on 28.9.1978. The opposite party took flat No. 4/1, Alipore Park Road, Calcutta 700027 on rent from landlords and allotted the same to petitioner for his residence. The services of opposite party were terminated with effect from 28.7.1986. The opposite party failed to deliver vacant possession of the rented flat to petitioner despite service of notice. Hence a petition of complainant under section 630 of the Companies Act came to be filed. The petitioner filed a suit (being Title suit No. 233 of 1989) in the court of 2nd Munsif, Alipore for a declaration that he was a tenant in the said flat. The petitioner also filed a revisional application for stay of trial until the disposal of suit (being Cr. Rev. No. 1590 of 1990). The same was rejected. The petitioner moved another revisional application (Cr. Rev. No. 4011 of 1992) and obtained a stay order. The opposite party filed Special Leave Petition No. 1539 of 1993 in the Apex Court. The Apex Court set aside the order of stay and directed the learned Magistrate to dispose of the criminal case expeditiously, preferably within three months.
(3.) THE learned Magistrate, after both the parties had closed their respective cases, fixed the case for arguments. The petitioner in the mean time, filed an application for adjournment alleging that the petitioner came to learn about the merger of opposite party with W.H. Targett in 1986. Hence he should be given time to collect the relevant documents to prove that the complaint filed by opposite party, after merger was not maintainable. The learned Magistrate refused to adjourn the case on 20.2.96. Hence this petition.;