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.8153 OF 2015 BETWEEN:
1. M/s Katigundi Estate Hebbasale, Sakaleshpura, Hassan District-573 134. Represented by its Proprietor, Sri. S. Anand Kumar.
2. Sri. S. Anand Kumar S/o Sri. S. Sivappa, Aged about 66 years, Proprietor, M/s Katigundi Estate, Hebbasale, Sakaleshpura, Hassan District-573 134. …Petitioners (By Sri. Sharath Gowda G.B., Advocate) AND:
Enforcement Officer, Employees’ Provident Fund Organization, Sub Regional Office, Rathnagiri Road, Chikmagalur-577 101. ... Respondent (By Sri. G.M., Ananda, Advocate) This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, praying to quash the order dated 15.01.2013 passed in C.C.No.25/2013 on the file of the Prl. Civil Judge and JMFC, Chikkamagaluru and consequently quash the entire proceedings in C.C.No.25/2013 on the file of the Prl. Civil Judge and JMFC, Chikkamagaluru.
This Criminal Petition coming on for Admission, this day, the Court made the following:
ORDER Heard learned counsel for petitioners and learned counsel for respondent and perused the records.
2. Prosecution was launched against the petitioners for the alleged offences punishable under Sections 14(1), 14(1A), 14(1B), 14(2) and 14(2A) of the Employees’ Provident Funds and Miscellaneous Provision Act, 1952, based on the exparte order passed by the Assistant Provident Fund Commissioner, Employees’ Provident Fund Organization, Chikkamagaluru, dated 13.09.2012. However, the said order has been later recalled and modified by the orders of the Assistant Provident Fund Commissioner dated 27.12.2013 and the liability of the petitioners is determined at Rs.1,57,635/- as against Rs.7,81,361/-. The operation of the order passed by the Assistant Provident Commissioner, dated 27.12.2013, is stayed by the Employees’ Provident Fund Appellate Tribunal, New Delhi in E.P.F. Appeal No.198(6)/2014, dated 07.03.2014. As such, the very basis for prosecution of the petitioners being taken away, the impugned proceedings cannot be sustained.
Consequently, the petition is allowed.
Proceedings in C.C.No.25/2013 on the file of the Principal Civil Judge and JMFC, Chikmagalur, are quashed.
Sd/- JUDGE BMC