(1.) The revision petitioner is the accused in CC No. 122 of 2013 on the files of the Court of the Judicial Magistrate of First Class, Kayamkulam. The revision petitioner was indicted for the offence under Sec. 406 IPC. The prosecution allegation is that the revision petitioner, who was the proprietor of Divya Cashew Export Enterprises, Eruva, deducted Rs. 1,43,024/ - for the period from March, 2012 to May, 2012 out of the salary of the employees of his firm towards the employees contribution to the Provident Fund of the employees concerned as provided under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred as "the Act) and the Employees' Provident Funds Scheme, 1952 (hereinafter referred as "the Scheme"). However, the said amount was not deposited with the authority concerned within the time stipulated as per the Scheme.
(2.) The revision petitioner appeared before the Court below in response to the process issued from the Court below and filed CMP No. 182 of 2015 under Sec. 239 of the Code, praying for discharge. The Court below dismissed the said petition. Aggrieved by the said order, this revision petition has been filed.
(3.) Heard both sides.