VIKRAM S KIRLOSKAR Vs. STATE

JUDGEMENT

(1.) THE petitioner has been arrayed as accused No.3 in C.C.No.332/02 pending trial for offence punishable under Section 406 r/w 34 of IPC. The petitioner has filed this petition to quash the proceedings on several grounds.

(2.) AS per the contents of final report, petitioner being the Director of M/s.Mysore Kirloskar Ltd., deducted employees contribution from the wages payable to the employees towards provident fund and failed to credit the same with the provident fund commissioner within the stipulated time. During the period between January 1999 to May 2000, the petitioner had failed to credit a sum of Rs.33,79,418/ -.

(3.) ON 20.04.2001, the Enforcement officer, Employees' Provident Fund, Shimoga Division, filed first information with the Sub -Inspector of Police, Harihara Town police station, stating the afore -stated facts, on the basis of which, Crime No.60/2001 was registered by the police. After investigation, final report was filed against the petitioner -accused (Managing Director) and other two Directors.