S SAMPATH KUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner, a Director of the Company, M/s deve Paints Limited, formerly known as M/s Garware paints Limited, (hereinafter referred as Company) has invoked the provisions of Section 482 of the Code of criminal Procedure and basically prays to quash and set aside the proceeding of Criminal Case No. 18 of 1996, pending before the Judicial Magistrate F. C. , 2nd Court, thane, Maharashtra.

(2.) THE proceeding arose in pursuance to the complaint dated 18/8/1995/ 30/8 1995, filed by the Provident Fund, Asstt. Commissioner, Regional p. F. Commissioner, Maharashtra and Goa.

(3.) IT has been alleged that the company and its officers have committed offence punishable under Section 405 and 406 of Indian Penal Code by committing the criminal breach of trust as defaulted in the payment of the contribution of the family pension fund, even though deducted from the salary of the employees of the said company. Criminal breach of trusty - Section 405 (extract) is as under: