IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7105 OF 2015 BETWEEN:
Dr. Nithish Shetty, Chief Executive Officer (CEO), BGS Global Hospital, No.67, BGS Health and Education City, Uttarahalli Road, Kengeri, Bangalore-60. …Petitioner (By Sri. B.N. Shetty, Advocate) AND:
Dayanidhi D/o Late Mayanna, Aged about 30 years, R/at No.34, 2nd Main, 12th Cross, Vidyaranyapuram, Mysore-570 020. ... Respondent (By Sri. C.N. Krishna Reddy, Advocate) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the order dated 09.01.2015 passed by the IV Addl.C.M.M., Bengaluru in C.C.No.1568/2015 and the entire proceedings including the complaint in P.C.R.No.12351/2014 filed by the respondent against the petitioner for the offence P/U/S 406, 415 and 420 of IPC.
This Criminal Petition coming on for Admission, this day, the Court made the following:
ORDER Petitioner has sought to quash the proceedings initiated against him on the ground that as on the date of alleged commission of offence, petitioner was not the Chief Executive Officer of BGS Global Hospital.
2. The allegations against the petitioner is that during his tenure as Chief Executive Officer in BGS Global Hospital, petitioner herein deducted the share of the employees towards Employees State Insurance contribution, but failed to deposit the same before the Employees State Insurance Corporation.
3. Though the learned counsel for the petitioner has produced a letter issued by the Vice- Chairman of BGS Global Hospital to the effect that the petitioner herein joined the aforesaid hospital as Chief Executive Officer on 08.08.2013 and was relieved on 22.10.2014, the said document cannot be taken into consideration by this Court at this stage. The said issues are required to be proved only during trial.
Hence, reserving liberty to the petitioner to seek discharge before the trial Court on the basis of the aforesaid document, the petition is disposed of.
Further, having regard to the grounds urged by the petitioner, the trial Court is directed to dispose of the matter as expeditiously as possible, within three months from the date of receipt of a copy of this order.
Sd/- JUDGE BMC