SHRIKANT BANGUR Vs. SYNTHETICS SHRAMIK UNION

JUDGEMENT

(1.) Applicant has filed the petition under Section 482 of Cr.P.C. for the quashment of the criminal complaint filed under Section 405/406 of the I.P.C. by the respondent registered as Case No. 250/2003 by Judicial Magistrate Class I Ujjain.

(2.) The case of the complainant is that complainant Jitendra Kumar is General Secretary of the Synthetic Workers Union which is representative Union duly registered under the Trade Unions Act having its registered office at Laxmi Bai Marg, Ujjain and he is authorised under Section 21 of M.P. Industrial Relations Act, 1960 to file the complaint on behalf of the Union. That Shree Synthetics Limited is a company registered under the Companies Act and it is carrying on business of manufacturing of Nylon and Polyester yarn in its factory situated at Navlakhi Maksi Road, Ujjain. That applicant/accused No. 1 is the Senior Executive President of the Company and the accused Nos. 2 and 4 are the Vice President and the Secretary of the Company and accused No. 3 is the Vice President the Manager of the Company. The allegation of the complainant is that Shree Synthetics Limited Company has deducted the contribution of the employees' provident fund in the year 2000-2001, 2001-2002 and 2002-2003 total Rs. 1,72,80,485 but the provident fund of the employees was not deposited by the applicant accused in the office of the Commissioner, Provident Fund, Ujjain as required under the rules that the applicant along with the President, Vice President and Secretary (accused Nos. 1 to 4) was bound under the law to deposit the amount of Rs. 1,72,80,485 and they have misappropriated the amount and thus, committed the breach of trust and as such, they should be punished for the offence punishable under Section 406 of the I.P.C.

(3.) The complaint was filed before the Judicial Magistrate Class I on May 10, 2003 and after recording the statement of the complainant and perusing the documents, the case was registered on May 13, 2003 against the applicant and the other co-accused and the bailable warrant of Rs. 25,000 were issued for their appearance in the case.