STATE PROSECUTOR Vs. K NARAYANASWAMI NAIDU

JUDGEMENT

(1.) I have not been shown any rule, and I am told there is none which requires an employer to invest in any particular manner moneys which he deducts from the salary of his employees with a view to the building up of a provident fund. That being so, he has a discretion to invest it in any manner he considers businesslike. And if he decides to invest the money in his own business there is nothing to prevent him from doing so.

(2.) And such investment will not amount to criminal breach of trust. The obligation created by the deduction would be only a civil liability. The view taken by the learned Chief Presidency Magistrate on this point appears to me to be right and this petition is dismissed.