SHRI ANIL NARENDRA, MANAGING DIRECTOR, VIR ARJUN NEWSPAPER PVT. LTD. Vs. THE STATE (GOVT. OF N.C.T. OF DELHI) AND SH. SHIVJI PRASAD, ENFORCEMENT OFFICER

JUDGEMENT

(1.) PRESENT petition has been filed under Section 482 of the code of Criminal Procedure, 1973 (for short as 'Code') against order dated 9th February, 2007, passed by Additional Sessions Judge, Delhi, vide which he dismissed the Crl. Revision Petition filed under Section 397 of the Code upholding orders dated 27th November, 2006 and 19th December, 2006, passed by the Magistrate.

(2.) BRIEF facts of this case are that, M/s Veer Arjun Newspapers (P) Ltd. is a company which is covered under the Employees' Provident Funds & Miscellaneous Provision Act -1952 (for short as Act). Petitioner, who is Managing Director of the company is employer within the provisions of this Act. Petitioner had deducted employees' share of Provident Fund contribution, Family Pension contribution, from the wages/salary paid to the employees for the period January, 1993 to June, 1997 amounting to Rs. 3,00,000/ - but these payments have not been remitted to the Provident Fund Department, as required under para 38 (1) of the Employees? Provident Fund Scheme, 1952 within 15 days of the close of the every month and have misappropriated the same and converted to their own use. Thus, petitioner is liable to be charged for the offence of criminal misappropriation and criminal breach of trust. As such a complaint for offences punishable under Section 406 and 409 IPC was filed by the Enforcement Officer with the police, who filed the charge sheet.

(3.) PETITIONER filed revision petition against the order of Magistrate. That, Revision petition was dismissed by Additional Sessions Judge, vide its order dated 9th February, 2007.