Sec. 406 & 409
manoj gupta
(Querist) 23 January 2012
This query is : Resolved
Due to sickness & financial crunch & closure of Small Scale Industry, the employees share of Provident Fund amounting to Rs. 40,000/= approx. could not be paid to PF. Later PF Commissioner filed FIR against the directors of the unit u/s 406 & 409. Immediately after FIR, the Unit arranged and paid the dues with interest. Police filed the FR. But deptt objected the FR. Unit fought in the court but court dismissed the application and summoned the accused. Filed Revision in High Court. Got stay. Kindly help us by providing some relevant and favorable case laws and oblige.
ajay sethi
(Expert) 23 January 2012
judgement of calcutta high court aginst you ,. if you have paid amount after loding of FIR offence has been committed . it is for police to investigate and lodge charge sheet . court wont interfere .
releavt extract of judgement
Calcutta High Court
Dunlop India Ltd. & Anr vs Regional Provident Fund ... on 23 June, 2009
Author: Jayanta Kumar Biswas
GA No. 1067 of 2009
WP No. 325 of 2007
WP No. 216 of 2005
In the High Court at Calcutta
Constitutional Writ Jurisdiction
Original Side
Before
The Hon'ble Mr Justice Jayanta Kumar Biswas
Dunlop India Ltd. & Anr. ............petitioners.
v.
Regional Provident Fund Commissioner & Ors.
..........respondents.
There is, however, no scope at all to say that the petitioners can be permitted to pay the statutory and other dues without interest and condition. They were under an unqualified statutory obligation to pay the dues and their failure to pay within the stipulated periods has definitely made them liable to pay interest. Proceedings for levying damages may also be initiated according to law. I am unable to see how they can say that the respondents should withdraw the FIR. The FIR has been lodged alleging commission of offence. It is for the police to investigate and decide whether a charge-sheet should be filed before the appropriate criminal court. I only say that if by not paying the statutory dues within the stipulated periods the petitioners committed any offence, their subsequent payment of the dues, even in compliance with the orders of this court, cannot wipe out the offence. The criminal case initiated will reach its logical conclusion according to the criminal law of the land. There is no reason to interfere in the matter in exercise of writ powers.
Raj Kumar Makkad
(Expert) 23 January 2012
I want to introduce that I am standing counsel of EPFC and generally help its officials to prepare case for lodging FIR in such cases and further persue as per law.
Generally if any company makes payment against dues, department do not take any interest in the proceeding resulting acquittal of the accused persons. the department even do not resist if petition for quashing FIR is made in such cases. So take action accordingly.
Sudhir Kumar, Advocate
(Expert) 23 January 2012
But offence stands completed. The employee share ws embezzeled. The intention has also been described by ythe querist. Actus-rea and mens-rea are complete.
Shonee Kapoor
(Expert) 23 January 2012
Offence is done. You can seek leniency of the court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 24 January 2012
