S.MOHAMMED NOWFAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge in the Crl.R.P. is to the order dtd. 6/7/2024 in CMP No.885/2024 in ST No.5650 of 2013 on the file of the Judicial First Class Magistrate Court-I, Punalur. The accused preferred the afore petition under Sec. 239 Cr.PC seeking discharge. The learned Magistrate dismissed the application.

(2.) The accused is the Proprietor of Tasty Nuts Factory, Manali. He deducted the employees' contribution to the Provident Fund from their salary from 1/1/2006 to 1/1/2008 but did not deposit the same with the authority concerned. Therefore, he committed a breach of trust as provided under Sec. 406 IPC.

(3.) I have heard the learned counsel for the revision petitioner and the learned Public Prosecutor.