R L MALLICK Vs. P G MENON

JUDGEMENT

(1.) THIS appeal was filed with the special leave of the Court under section 417 (3) of the Code of Criminal procedure against the acquittal of the respondent in a case under sections 381 and 411 of the Indian Penal Code. The appellant was the General Secretary of a public limited company called E. M. C. The respondent was the Stenographer and P. A. to Shri Om Khosla, Director of the company. He resigned from his employment on August 15, 1960. The prosecution case is that sometime in the last week of September 1960, the accused approached the complainant -the present appellant - for some financial, accommodation and as this was refused he threatened that he had in his possession certain papers which would harm the company and its directors.

(2.) IN the first week of October following, the accused is stated to have approached one Shri Ramesh Sehgal, manager of Arora and Sehgal (P) Ltd. , a constituent company of E. M. C. , and demanded from him Rs. 3,000/- failing which he threatened disclosure of certain malpractices in the dealings between Arora and Sehgal (P) Limited and E. M. C.

(3.) THESE demands altered the authorities of E. M. C. Searches were made in the office and certain important papers were found missing. A complaint was lodged against the accused alleging attempted extortion and thereafter the present prosecution was initiated on allegations that the accused had either committed theft from the office of E. M. C. of certain important documents or that he had dishonestly received and retained the same.