JAI KISHORE SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by petitioner against The State of West Bengal and Abhijit Ghosh as Enforcement Officer, Employees' Provident Fund Organisation, Sub- Regional Office, Howrah as opposite party nos. 1 and 2 respectively for quashing the chargesheet in Special Case No. 1 of 2014 arising out of Golabari Police Station Case No. 492 dated 01.08.2012 under Sections 406/409 of the Indian Penal Code pending before learned Judge, Special Court cum District and Sessions Judge, Howrah.

(2.) Undisputedly, the petitioner is the Director of Aryan Heemghar (P) Ltd. and said company made default in depositing Rs.2,25,225/- with the Employees' Provident Fund Organisation although said amount was deducted from salary of the employees of the company for the period of January, 2011 to March, 2012. Alleging said fact the opposite party no. 2 lodged FIR at Golabari Police Station on 01.08.2012. Within a week thereafter said amount was deposited by the company and acknowledged by Employees' Provident Fund Organisation. Petitioner has alleged that he was not aware about the fact as he would not look after the matter of disbursing salary and deposit of Employees' Provident Fund (in short E.P.F.) and as soon as he came to learn the fact he arranged for deposit of the due E.P.F. within one week of lodging FIR.

(3.) Determining questions are whether the petitioner is liable to be prosecuted and whether the proceeding in the Court of learned Special Judge is liable to be quashed.