The companyplainant alleged that, on further enquiry, he round that the Corporation had number employed anybody at all but had taken occasional help from certain employees of sister companycerns which had their offices in the same building.
He also companyplained that fictitious signatures of suport different persons appeared to him to have been made by a single person so as to appear as signatures of different actually existing individuals.
Appeal by special leave from the judgment and order dated April 15, 1969 of the Calcutta High Court in Criminal Revision No.
The companyplainant gave a list of five witnesses, including that of a Handwriting Expert, and he relied upon a number of account books, documents, and records of the Company and the Corporation.
In other words, the companyplainant claimed to have discovered that the pay sheets of the Corporation were totally false and fabricated.
156 of 1969.
Accordinq to the companyplainant, all this was done at the instance of or with the companynplicit of D. N. Bhattacharjee and with the aid of the two other companyaccused.
It was asserted that D. N. Bhattacharjee bid full knowledge of what was taking place and had dishonestly misappropriated and companyverted to his own use large sums of money belonging to the Corporation.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The companyplainant after having, examined the records handed over by D. N. Bhattacharjee claimed to have found monthly pay sheets companytaining names of certain employees who were number employees of the Corporation at all and who were suspected to be fictitious as they companyld number be traced.
He and the two companyaccused, who are said to have actually made the entries, were alleged to have been engaged in a companyspiracy .
K. Daphtary and D. N. Mukherjee, for the appellants.
K. Chatterjee and G. S. Chatterjee, for respondent No.
Accountant of the Bengal Luxmi Cotton Mills Ltd., alleging offence punishable under Sections 408/409/467/471/477A/109 Indian Penal Code.
The companyplainant alleged that, when the Life Insurance business was nationalised in 1956 the Metroplitan Insurance Co. Ltd. hereinafter referred to as the Company received a sum of about Rs.
1114 of 1963.
the Metropolitan Bank Ltd. Roundabout October, 1958, alth ugh, the appellant Bhattacharjee was said to have ceased to be the Managing Director, yet, he is alleged to have companytinued to exercise the powers he had possessed as Managing Director, After the Company became the Corporation Certain activities of the appellant D N. Bbattacha jee are alleged to ,have companye to light and companypelled his resignation on 28 2 1963 so that he handed over some of the Books and records of the Court oration to the companyplainant.
The companyplainant was Director of the Company in 1957 and the accused appellant D. N. Bhattacharjee was alleged to he its Managing Diecor with absolute companytrol over the funds of the Company and the only person authorised to operate the tanking account of the Company with.
The Judgment of the Court was delivered by Beg, J. On 11 7 1963 Sunilakshva Choudhry a Director of the Metropolitan Industrial Corporation Ltd., Calcuta, having been authorised by its Board of Directors, filed a companyplaint against the appellant Debendra Nath Bhattacharjee or Bhattacharya , a former Director, and Banamali Pathak, Cashier of the Bengal 16 L1061SupCI/72 Luxmi Cotton Mills Ltd., and Hiran Roy, Chief.
K. Mukherjee, for respondent No.
10,25,523/ as companypensation, and the Company was transformed into Metropolitan Industrial Corporation hereinafter referred to as the Corporation .
The business of the Corporation was said to be companyfined to making of loans, and dealings in stocks and shares.
After an enquiry in to the allegation companytained in the companyplaint a Presidency Magistrate found prima facie evidence of a companyspiracy ,to companymit breach of trust by forging, receipts and us of forged receipts and falsification of accounts.
The companyplainant alleged that his suspicions were companyfirmed by sending these alleged signatures to a Handwriting Expert for opinion.
