RAKESH LAHOTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE applicants have filed this application under Section 482 of Criminal Procedure Code praying for quashing and setting aside the FIR being C.R.No.I-26 of 2009 registered with Dayapar Police Station against the present applicants and other accused for the offences punishable under Sections 405, 406 and 114 of Indian Penal Code.

(2.) THE brief facts leading to filing of this application are such that a complaint came to be filed against the present applicants and other persons stating that the present applicants are Chairman and Director of Dipak Cement and Chemicals (Spartra Cement) and they deducted the funds from the salary of the employees to deposit in the Provident Fund and Family Pension Scheme but did not deposit the same in the said accounts as per law and committed offence under the Indian Penal Code. THE present applicants are original accused nos.3 and 2 and they have filed this application for quashing the said complaint.

(3.) IT is an admitted fact that the alleged amount has been paid by the company and this fact is not disputed. No doubt, there is delay caused in making the payment of funds to the complainant. The undertaking dated 23.6.2010 given by Hemant R Pandey, Chairman & Managing Director, Sparta Cements and Infra Limited is produced at Annexure `E' to this application which reads as under: