ALAMOHAN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Mahendra Lal and Probhat Kumar Sarkar were the promoters and Alamohan Das was the first Chairman of the Board of Directors of the Great Indian Steam Navigation Company Ltd., M/s. Das Brothers of which Alamohan Das was the sole proprietor became the managing agents of the Company in 1945. Only July 2, 1951, Das Group Ltd. of which also Alamohan Das was the principal Director took over the managing agency.

(2.) The Registrar of Companies West Bengal filed a complaint in the Court of the Chief Presidency Magistrate alleging that sometime between March 1, 1945 and December 31, 1947 a sum of Rupees 7,23,031-9-6 was advanced by the Company to the Managing Agents, M/s. Das Brothers; that on July 2, 1951 M/s. Das Brothers resigned from the managing agency and M/s. Das Group Ltd., took over the managing agency; that Alamohan Das was at all material times a director of the company and also a director of M/s. Das Group Ltd., and the sole proprietor of M/s. Das Brothers; and that the complainant had reason to believe that Alamohan Das with other directors of the company had committed offences under Sections 86-D and 87-D of the Indian Companies Act, 1913. The complainant requested that a through investigation be made in the matter. The Chief Presidency Magistrate, Calcutta, referred the case to the police for investigation.

(3.) In the course of investigation of the complaint referred to him, Sub-Inspector J. N. Mukherjee filed a First Information against eight persons (including the five appellants in this appeal) charging them with having conspired to commit criminal breach of trust in respect of the company's funds, falsification of accounts and making false returns, balance-sheets and accounts, and in furtherance of the object of the conspiracy with committing offence punishable under Sections 409 and 477-A I. P. Code and under Section 282 of the Indian Companies Act, 1913. After investigation Sub-Inspector Mukherjee submitted on February 29, 1958, a report under Section 173 of the Code of Criminal Procedure in the Court of the Chief Presidency Magistrate for those offences against seven persons including the five appellants.