SHYAM SUNDAR PATODIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed by the sole petitioner for quashing the entire criminal proceedings including the order, dated 10.11.1998 taking cognizance passed by SDJM, Jamshedpur in C/I Case No. 658 of 1998 whereby and whereunder the learned Magistrate issued processes against the petitioner for the offence under Section 402 of the Indian Penal Code.

(2.) The short facts giving rise to this application are that opposite party No. 2 filed complaint case alleging therein that he joined the company of the petitioner as Project Manager on 8.3.1998 through appointment letter, dated 10.3.1998 for 12 months on probation. It is alleged that his salary was fixed at Rs. 10,000/- per month and total salary was fixed for the period of 12 months Rs. 1,20,000/- and out-door lodging and fooding Rs. 150/- per day and in the Head-Quarters Rs. 125/- per day. For visiting other places on official tour Rs. 125/- per day was fixed. It is further alleged that the petitioner directed the complainant to go to Andhra Pradesh in National Thermal Power Corporation Ltd. and Bihar Castic and Chemicals Ltd., Palamau and the complainant performed his duty and visited Andhra Pradesh and Bihar but the petitioner gave only Rs. 500/- regarding expenses. Petitioner paid salary for two months but he did not pay out-door fooding and lodging expenses @ 150/- per day. The complainant demanded salary from July 1998 vide letters, dated 8.8.1998 and 5.9.1998 but in spite of several demands, the petitioner did not pay salary to the complainant. Complainant went to the office of the petitioner at Calcutta on 20.9.1998 for demanding salary and balance amount of Rs. 1,000/- but the petitioner confined the complainant with the help of anti-social elements with force. The petitioner did not pay to the complainant Rs.50,000/- towards salary, balance amount and other expenses. As the complaint- petition was filed, inquiry was made under Section 202 of the Code of Criminal Procedure by the learned Magistrate and the cognizance was taken by the order impugned.

(3.) Learned counsel appearing for the petitioner at the very outset submitted that no offence under Section 420 of the Indian Penal Code is made out in the instant case on the allegation as made out and even if, assuming the petitioner is liable for the payment of salary his remedy is under the Payment of Wages Act. Under Section 15 of the Payment of Wages Act, it is clear that if any person does not pay the wages, the competent authority is empowered not only for payment of the wages but has also power to levy a compensation of ten-times of the wages. It is also submitted that the learned Magistrate at Jamshedpur has no jurisdiction to take cognizance as the alleged occurrence is said to have taken place in Calcutta where demand was made.