R L KANORIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By filing the instant application under Section 401 read with Section 482 of the Code of Criminal Procedure, one Mr.R.L. Kanoria and four others have come up before this Court seeking to quash the proceeding being Case No. C/2323/97 now pending before the learned Metropolitan Magistrate, 3rd Court, Calcutta under Section 406 of I. P. C. and/or for setting aside the order dated October 7, 1997 passed by the aforesaid learned Magistrate in the aforesaid proceeding alleging that they are the Directors of the Carbon Composites (India) Ltd., (hereinafter referred to as the said company) and the said company was engaged in the business of manufacturing and processing of various types of sports goods and they had a factory at Falta Processing Zone, Sector-I.

(2.) Further it has been alleged by the petitioners that the Insurance Inspector of the complainant has lodged a complaint and subsequently a proceeding under Section 406 of I.P.C was initiated before the aforesaid Court against these petitioners for non-deposit of the Employees State Insurance Corporations contributions (hereinafter referred to as the E.S.I.), which had been deducted by them from the wages and salaries of the employees of the said company during the period from June 1995 to August 1995 to the E.S.I. Fund within the statutory time and such sum was to the tune of Rs. 5,788.30p.

(3.) It has further been alleged that the aforesaid allegation was against these petitioners upon misconception of law and in the complaint itself, the complainant has wrongly defined the status of the petitioners as Directors of the said Company vis-a-vis as "principal employers".