K.K. SHARMA Vs. THE STATE

JUDGEMENT

(1.) Instant petition under Section 482 Cr.P.C., 1973 has been filed by the petitioner-K.K. Sharma for quashing the proceedings in FIR NO. 75/2010 dated 10.06.2010 registered at Police Station Naraina under Sections 406/409 IPC, and all the proceedings emanating thereof.

(2.) Brief facts as per the complaint are that the petitioner is the Managing Director of M/s Aimil Pharmaceutical (I) Ltd. (herein after termed as the company) doing the business of manufacturing and trading of pharmaceutical items and the strength of the staff of the company at the relevant time was 793 employees. It is further alleged that the Regional Provident Fund Commissioner on 08.06.2010 made a complaint against the said company to the Additional Commissioner of Police (South West) to register a case under Sections 406/409 IPC stating therein that the employer/company of the petitioner had deducted the employee's share of Provident Fund contribution from the salaries of the employees for the period of May, 2009 to January, 2010 amounting to Rs. 35,58,377/- but did not deposit the same in the Employees Provident Funds (EPF) account as per para 30 and 32 of the Employees Provident Fund Scheme and an offence under Section 406 IPC is made out against the petitioner. It is further alleged that the employer/petitioner deposited the deducted PF amount of the employees share after filing of the said complaint with the police vide separate deposit challans dated 26.06.2009, 25.07.2009, 15.11.2009, 12.02.2010, 15.03.2010, 17.03.2010 and 18.03.2010.

(3.) Thereafter, vide order dated 21.11.2012 the learned Metropolitan Magistrate-11, Dwarka Courts, New Delhi framed charge under Sections 406/409 IPC against the petitioner.