Siddhartha Chattopadhyay, J. - (1.) Challenging the legal pregnability of continuance of proceeding of G.R. Case No. 5316 of 2010 under Section 406 of I.P.C. pending before the learned C.J.M., the petitioner filed this application and prayed for quashing of aforesaid proceedings.
(2.) Prosecution case is such that the petitioner deducted Rs.8.277 from his employees share of provident fund contribution but did not deposit the same within the stipulated time and so there is violation of Section 6 of the Act of 1952. According to them an offence under Section 406 of I.P.C. is established and the F.I.R. was lodged on 19.11.2010.
(3.) Thereafter on 25.11.2010 the petitioner deposited the entire dues and so, according to him, the proceedings should be quashed. Factual aspect is not disputed but the legal aspect has been seriously disputed.;