IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.9312/2017 BETWEEN:
R. VASANTH KUMAR S/O. J.RAGHUPATHY 47 YEARS, 45/A ATT COLONY COIMBATORE – 641 018. … PETITIONER (BY SRI S.G.BHAGAVAN, ADVOCATE) AND:
1. THE ENFORCEMENT OFFICER EMPLOYEES’ PROVIDENT FUND ORGANISATION REGIONAL OFFICER – S(1)F I CROSS, I STAGE, PEENYA BENGALURU – 560 058.
2. THE STATE OF KARNATAKA BY THE OFFICER-IN-CHARGE DOBBESPET POLICE STATION DOBBESPET – 562 111. …RESPONDENTS (BY SRI K.S.VENKATARAMANA, ADVOCATE FOR R1 SRI VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.391/2017 IN THE COURT OF THE CIVIL JUDGE AND J.M.F.C., NELAMANGALA, IN SO FAR AS THE PETITIONER IS CONCERNED.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for petitioner, learned counsel for respondent No.1 and learned Additional SPP appearing for respondent No.2.
2. The principal contention urged by learned counsel for petitioner is that much earlier to the registration of the FIR, petitioner herein ceased to be the Director of M/s Ariatex Garments Pvt., Ltd.
3. According to the complaint, the Directors of the aforesaid Company failed to remit the share of the employees to the Provident Fund.
4. Learned counsel for petitioner has referred to Form No.DIR-11 which discloses that the petitioner herein was appointed as the Director of M/s Ariatex Garments Pvt., Ltd., on 24.01.2008 and his resignation was recorded by the Registrar of Companies with effect from 15.10.2008. In the absence of any material to show that in the year 2014, when the alleged offence is said to have been committed, the petitioner was either a Director or any way connected to the Company, prosecution of the petitioner for the alleged offence is illegal and amounts to abuse of process of Court.
For the said reason, petition is allowed and the proceedings in C.C.No.391/2017 pending on the file of Civil Judge and J.M.F.C., Nelamangala are quashed only insofar as the petitioner/accused No.3 is concerned.
Sd/- JUDGE PYR