K.S.PRASAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question proceedings in C.C.No.7283 of 2017 pending before the IV Additional Chief Metropolitan Magistrate, Bengaluru arising out of Crime No.499 of 2015 registered for offences punishable under Ss. 406 and 409 of the IPC.

(2.) Heard Sri Noor Ul Hussain, learned counsel appearing for petitioner, Sri K.S. Abhijith, learned High Court Government Pleader appearing for respondent No.1 and Smt. B.V. Vidyulatha, learned counsel appearing for respondent No.2.

(3.) Brief facts that lead the petitioner to this Court in the subject petition, as borne out from the pleadings, are as follows:- The petitioner claims to be an employee of M/s Vasan Healthcare Private Limited (hereinafter referred to as 'the Establishment' for short) from 2012 up to 13/9/2017. During the said period, he further claims to have donned several rolls in the Establishment and was for some time Senior Vice-President, Human Resources and was also authorized to sign certain forms in connection with the business of the Establishment including the forms of Employees Provident Fund. It appears that during the period from August 2014 to May 2015 the Establishment deducted provident fund from the wages of employees but had not deposited the said amount with the Provident Fund Organization. The amount totaled to Rs.95,58,104.00. Based upon this, a complaint comes to be registered on 6/8/2015 before the 1st respondent alleging offences punishable under Ss. 406 and 409 of the IPC. The petitioner claims to have been unaware of the said crime registered against him. On coming to know that crime has been registered and the Police after investigation have filed a charge sheet, the petitioner on securing all the documents has knocked at the doors of this Court calling in question the proceedings in the said criminal case.