S K BUDHIRAJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) S. K. Budhiraja who was the Managing Director of M/s. Avon Automotive Components Private Limited, Faridabad (for short the Company) has come to this Court in this petition under Section 482 Cr. P. C. read with Article 227 of the Constitution of India praying that the 62 complaints filed against the petitioner and pending in the Court of CJM, Faridabad, Additional CJM, Faridabad and Judicial Magistrate, Faridabad, may be quashed.

(2.) THE petitioner has averred that the Provident Fund Commissioner has through the Provident Fund Inspector put in 6 complaints against the petitioner, with the purpose of prosecuting him for the offences under paragraph 38 of the Employees Provident Fund Scheme 1952 read with Sections 60, 14 (1 B) and 14 (A) of the Act. These complaints are pending in different Courts. Copies of four complaints Annexures P-l, P-2, P 4 and P-5 have been attached. The order of the winding up of the company had been passed by the Delhi High Court vide Annexure P 3 and subsequent to the date of winding up of the company, the occupier was not under any liability to make the payment and the liability, if any, was of the Official Liquidator. That no notice had been served on the petitioner to specify as to the total amount of which he was liable.

(3.) ANNEXURE P-3 is the order passed by the Delhi High Court in Company petition No. 102 of 1984 and the company was ordered to be wound up and the Official Liquidator was directed to proceed in accordance with law for taking possession of the property, the assets, statutory books and other account books of the company This order is dated May 15, 1986.