SATISH KUMAR JHUNJHUNWALA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) With the consent of the learned advocates appearing for the parties, the revisional application is taken up for hearing treating the same as on day's list.

(2.) This application under Section 482 of the Code of Criminal Procedure has been filed at the instance of Satish Kumar Jhunjhunwala, one of the accused, in Lilluah Police Station Case No. 123 of 2006 dated 08.08.2006 (G.R. Case No. 1535 of 2006) under Sections 406/409 of the Indian Penal Code, praying for quashing of the proceedings against him mainly on the ground that he, being one of the Directors of the company, is not coming within the definition of "employer" in view of Section 2(e) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and, as such, the provisions of Sections 405, 406 and 409 of the Indian Penal Code are not attracted.

(3.) A short reference to the factual aspect of the case is given for the proper appreciation of the matter.