SOM DATT SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition is filed under Section 482 of the Code of Criminal Procedure with a prayer for discharge of the petitioner from case FIR no. 39 dated February 19, 2000 under Sections 406,408,420, 120-B of the Indian Penal Code registered at Police Station Ropar by setting aside the charge sheet dated November 12, 2005 as well as the order of the learned Additional sessions Judge, Ropar dated June 2, 2008.

(2.) THE prosecution case as noticed by the additional Sessions Judge, Ropar in para No. 3 of its judgment, while deciding the revision petition as under:

(3.) LEARNED counsel for the petitioners has submitted that petitioner No. 1 was employed as accounts Officer and petitioner No. 2 was the incharge of the Accounts Department at Guru gobind Singh Super Thermal Plant, Ropar at the relevant time. They were not responsible for making payment to the labour. In fact, the contractor was to pay the amount for coal handling plant and it was the duty of the contractor in turn to disburse wages to the labour after making requisite deductions. Learned counsel for the petitioners has placed reliance on the decision dated November 11, 2008 in Criminal Misc. No. 25120-M/2008 (Annexure P-1 ).