RAJ KUMAR TODI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred against an order dtd. 15/12/2018 passed by the Learned 2nd Additional Chief Judicial Magistrate, Kalyani, District Nadia, rejecting the application of the petitioners for discharge made under Sec. 239 of the Code of Criminal Procedure, 1973, in G.R. Case No. 1819 of 2014, arising out of Chakdah Police Station Case No. 782 dtd. 26/11/2014 under Ss. 420/406 of the Indian Penal Code.

(2.) The petitioners case is that the petitioner no. 1 Raj Kumar Todi is the Chairman cum Managing Director of M/s Supreme Paper Mills Limited. The petitioner no. 2 Dhrub Todi @ Drub is a Director of the said company and the petitioner no. 3 Rajiv Patel was the General Manager (Works) of the said company at the relevant time.

(3.) On the basis of a written complaint, dtd. 25/11/2014, lodged by one Sajal Bramha, Enforcement Officer, Employees Provident Fund, EPFO, SRO, Barrackpore, for non-payment of the Employees contribution to the Employees Provident Fund Scheme to the tune of Rs.9,28,193.00(Rupees Nine Lakh Twenty Eight Thousand One Hundred Ninety Three) for the period of July' 2014 to October' 2014, a case was initiated under Ss. 420/406 of Indian Penal Code, being Chakdah Police Station Case No. 782 of 2014, dtd. 26/11/2014 (G. R. Case No. 1819 of 2014).