STATE Vs. SRI. SUBHASH CHANDRA VARSHANI

JUDGEMENT

(1.) The instant Acquittal Appeal has been filed under section 378 of the Crimial P.C., 1973 pursuant to order dated 12.07.2006 passed by Honourable Division Bench in Cr.M.P. No. 430/2006, whereby their Lordships have been pleased to grant leave to appeal against the judgment of acquittal dated 30.09.2005 passed by Sri. Ajit Kumar Modi, J.M. Ist Class, Seraikella in C/2 case no. 141/1996 corresponding to T.R. No. 943/2005, whereby the learned trial court was pleased to acquit the respondents from the charges under section 14(IA), 14(IB) of the Employees Provident FundMiscellaneous Provisions Act, 1952 and also discharged both the respondents from the liability of their respective bail bonds.

(2.) The prosecution case, in short, is that respondents were running a school in the name of Harish Chandra Vidya Mandir at Kandra and twenty persons were employed in the institution and the institution comes within the purview of Employees Provident Fund Act and Miscellaneous Provisions Act,195 The respondent no.1- Subhash Chandra Varshani was the president and respondent no.2- S.B.Singh was the Honorary Secretary and acting manager of the said institution.

(3.) The Enforcement Inspector of Employees Provident Fund inspected the institution and found that the respondents failed to deposit the provident fund amount of the employees and the employers' contribution for the month of July 1992 to Sept., 1992. It was also found that the respondents have failed to deposit the insurance amount in the family pension fund for the same period. The respondents have also failed to produce the records for the said establishment of the said period.