IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.3015/2016 C/W CRIMINAL PETITION No.4680/2016 IN CRL.P.NO.3015/2016 BETWEEN:
1. D.S.JHUNJHUNWALA, SON OF S.R.JHUNJHUNWALA, AGED ABOUT 66 YEARS, 2. ABHA JHUNJHUNWALA, W/O D.S.JHUNJHUNWALA, AGED ABOUT 63 YEARS, 3. ARCHIT JHUNJHUNWLA, S/O D.S.JHUNJHUNWALA, AGED ABOUT 40 YEARS, ALL RESIDING AT H-1502, ST. JOHNS WOOD, TAVAREKERE MAIN ROAD, BANGALORE-560 029. ... PETITIONERS (BY SRI. NAGARAJ.S.JAIN, ADVOCATE) AND:
1. STATE OF KARNATAKA, THROUGH ULSOOR POLICE, BANGALORE, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE.
2. V.MUNIYAN, THE ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND, OFFICE OF THE REGIONAL PROVIDENT FUND COMMISSIONER, BHAVISHYANIDHI BHAVANA, NO.13, RAJA RAMMOHAN ROY ROAD, P.B.NO.2584, BANGALORE-560 025. ... RESPONDENTS (BY SRI. VIJAYAKUMAR MAJAGE, ADDL.SPP FOR R1; SMT. NANDITA HALDIPUR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.10647/2004 ON THE FILE OF THE LEARNED IV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE.
IN CRL.P.NO.4680/2016 BETWEEN:
1. D.S.JHUNJHUNWALA, SON OF S.R.JHUNJHUNWALA, AGED ABOUT 66 YEARS, 2. ABHA JHUNJHUNWALA, WIFE OF D.S.JHUNJHUNWALA, AGED ABOUT 63 YEARS, 3. ARCHIT JHUNJHUNWALA, SON OF D.S.JHUNJHUNWALA, AGED ABOUT 40 YEARS, ALL ARE RESIDING AT H-1502, ST.JOHN’S WOOD, TAVAREKERE MAIN ROAD, BENGALURU-560 029. ... PETITIONERS (BY SRI.NAGARAJ.S.JAIN, ADVOCATE) AND:
1. STATE OF KARNATAKA, THROUGH ULSOOR POLICE, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU.
2. V.MUNIYAN, THE ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND, OFFICE OF THE REGIONAL, PROVIDENT FUND COMMISSIONER, BHAVISHYANIDHI BHAVANA, NO.13, RAJA RAMMOHAN ROY ROAD, P.B.NO.2584, BENGALURU-560025. ... RESPONDENTS (BY SRI.VIJAYAKUMAR MAJAGE, ADDL.SPP FOR R1; SMT.NANDITA HALDIPUR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.10648/2004 ON THE FILE OF LEARNED IV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU.
THESE CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners have sought to quash the proceedings in C.C.No.10647/2004 and C.C.No.10648/2004 pending on the file of IV Addl. Chief Metropolitan Magistrate, Bangalore.
Heard learned counsel for petitioners, learned Addl. SPP for respondent No.1 and learned counsel for respondent No.2 and perused the records.
2. The Enforcement Officer, Employees Provident Fund lodged a complaint against the petitioners on 26.08.2003 contending that petitioners herein were responsible for conducting business of establishment by name Rockwell (India) Pvt. Ltd. During the period from April 2001 to April 2002, petitioners deducted employees share of provident fund, but failed to credit the same to Employees Provident Fund Account with the State Bank of India as required by para 38 of the Employees’ Provident Funds Scheme, 1952 and thereby committed an offence under section 406/409 of IPC. Based on this complaint, charge sheet is filed against petitioners for the above offences.
3. Learned counsel for the petitioners submitted that the establishment of the petitioners was closed in 2004. That the amount payable to the employees along with interest has been remitted by the petitioners under challans at Annexure-G and therefore, placing reliance on the decision of this court in Criminal Petition Nos.3272/2013, 1782/2010, 948/2013, 4105/2009, 1875/2001 with connected matters and Crl.R.P.No.1068/2018 and Crl.P.Nos.5320/2009, 948/2013 and 1782/2010 have sought to quash the proceedings initiated against them.
4. Learned counsel appearing for respondent No.2 and learned Addl. SPP appearing for respondent No.1 have opposed the submissions inter alia contending that charges have already been framed against petitioners and trial has already commenced and hence there is no reason to quash the proceedings and it is further submitted that the delayed payment does not absolve the petitioners of the criminal prosecution.
5. Respondents do not dispute the fact that the contribution deducted by petitioners has been subsequently remitted to the Employees Provident Fund Organization vide challan dated 17.10.2003, 19.03.2004 and 12.03.2004 as herein below:-
Sl.
No.
Date Particulars A/c. No.1 Total
From the above challans, it is clear that as against the claim made in the complaint at Rs.16,97,963/-, petitioners have deposited in all a sum of Rs.16,97,963/-.
6. Considering identical situations in all the decisions referred above, this court has quashed the proceedings initiated against the accused therein on the ground that in view of the remittances along with interest and damages, further prosecution of the petitioners is unnecessary.
Following the above decisions, these petitions are also allowed. Further prosecution of the petitioners in C.C.No.10647/2004 and C.C.No.10648/2004 on the file of IV Addl. Chief Metropolitan Magistrate, Bangalore are quashed.
Sd/- JUDGE Bss