VINOD KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition under Sec. 528 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, for quashing of F.I.R. No. 40 of 2018, dtd. 10/3/2018, registered at Police Station Dharamshala, District Kangra, H.P. for the commission of an offence punishable under Sec. 406 of Indian Penal Code (IPC) and the consequential proceedings arising out of the said F.I.R.

(2.) Briefly stated, the facts giving rise to the present petition are that the informant made a complaint to the police stating that M/S Sidhbari Cooperative Tea Factory is an establishment covered under the Employees Provident Fund and Miscellaneous Provisions Act, 1952. The employer of the establishment is under a statutory obligation to deduct the employee's share of the Provident Fund contribution from their wages. The deducted amount is like a trust fund with the employer.

(3.) Being aggrieved by the registration of the F.I.R. and the investigation conducted by the police. The petitioner has filed the present petition for quashing the F.I.R. It has been asserted that the petitioner had no concern with the processing, producing, transporting and marketing of tea. M/S Sidhbari Cooperative Tea Factory invited quotations as per the resolution dtd. 7/10/2014 for leasing out the Tea factory from 1/1/2015 till 31/12/2019. The petitioner quoted the highest amount of Rs.71,14,914.00, and the lease was awarded in favour of the petitioner. The petitioner was facing difficulty in running the factory. The factory failed to produce 2 lakh KG per annum as mentioned in the tender. The petitioner had to clear the past liability of Rs.5.00 lakhs. He suffered losses. He requested a reduction in the lease money. This request was accepted, and the lease money was reduced to Rs.15.00 lakh per annum for the first five years and Rs.16,50,000.00 for the next five years. The society was superseded on 16/5/2017, and notice of termination of the lease deed was received by the petitioner on 1/9/2017. The petitioner is not registered under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 and the contributions are to be paid by the principal employer. The workers were not employed by the petitioner, but they were engaged by M/S Sidhbari Cooperative Society. The responsibility of the employees was not delegated to the petitioner. The F.I.R. does not disclose any cognizable offence.