Breach of trust u/s 405, 420 ipc
V.N.K. MENON
(Querist) 17 March 2013
This query is : Resolved
I solicit continued valued collective guidance of the expert forum. Following is the matter.
Background: A company- X did not deposit p.f. contributins of employee-Y for 8 years even though representations were made to X with the collusion of p.f. people. When Reg. P.F. Commissioner was pressed for prosecution of X, X deposited contributions in Y‘s p.f. account and penalties and charges in X’s own account with Reg. P.F. Comm.
In the circumstances Y filed a criminal case for breach of trust u/s 405, 420, 24 & 25 of IPC. Magistrate ordered police investigation. Status report was submitted by police. X- has/had several cases against it including pending graft case. This was also brought to the notice of court. Police says no criminal case has been committed by X no offence has been committed.
I submitted a protest petition to reject the Status report being not in good faith. Police was asked to file their reply. They filed reply. Case was listed for arguments. New magistrate took over. I.O. did not appear. Written arguments submitted by Y. In this connection criminal case against CMD of Kingfisher airlines was also brought to notice of magistrate. Magistrate in the first hearing itself dismissed the complaint.
In the circumstances, what is the remedy available. Can Y appeal in sessions, if so, the relevant provisions of CrPc under which it can be done and who should be parties? Is it possible to file appeal in High Court, if it is so on what legal point /law. Any other things thought relevant by the forum be also given.
Thanks in anticipation.
Nadeem Qureshi
(Expert) 17 March 2013
Dear Mr. Menon
if the magistrate reject the protest petition you have right to file an appeal before session court.
Rakesh Shekhawat
(Expert) 17 March 2013
Sorry Sir not Appeal but You have to file revision petition under S. 397 Cr.p.c. against such order in the session court & accused should be made parties along with public prosecutor.
Sudhir Kumar, Advocate
(Expert) 17 March 2013
what about prosecution under EPF&MP Act 1952. Has EPFO filed it.
V.N.K. MENON
(Querist) 17 March 2013
Dear Mr. Sudhir,
When I asked RPFC to take prosecution action, he has contacted the employer and under his advice employer deposited amount of contribution in Y's account and penalty and interest in its own account with RPFC. RPFC is in hand in-glove with employer. With impunity the employer resort to crooked labour practices and do not give p.f. to a number of people working.
V.N.K. MENON
(Querist) 17 March 2013
Mr. Rakesh Shekhawat,
Is it mandatory to file revision only. If revision petition is filed and if its is also dismissed, will it be possible it appeal in the High Court.
In the meantime I am really grateful to all.
vnk menon
Raj Kumar Makkad
(Expert) 17 March 2013
Nothing to add more in the light of given replies.
