AWADHESH KUMAR PANDEY Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Sanjay Peprawal, learned counsel for the petitioner and Mr. Rupesh Singh, learned counsel for the opposite party No. 2.

(2.) This application is directed against the order dated 06.07.2015 passed by learned Sub Divisional Judicial Magistrate, Dhanbad in E.P.F. Case No. 02 of 2012 by which an application preferred by the petitioner u/s 245 of the Code of Criminal Procedure (Cr.P.C.) has been rejected.

(3.) A complaint case was instituted by the opposite party No. 2 against Dhanbad Municipal Corporation as well as the petitioner wherein it was alleged that the employer failed to pay on account of Family Pension Fund and the amount of the employees and employer contribution for the month from Jan., 2011 till the date of filing of the complaint within 15 days of close of each said month. The complaint case was instituted for the offence punishable u/s 14(1A) and 14(2) and 14(A) of the Employees Provident Fund & Miscellaneous Provisions Act, 1952 (for short 'the Act') and Para-76 (b) of the Employees Provident Fund Scheme 1952 (for short 'the Scheme') r/w Sections 14(A), 14A(1) and 14AA of the Employees Provident Fund Act, 1952.