Md. Mumtaz Khan, J. - (1.) The instant revision has been preferred by the accused persons /petitioners praying for quashing of the proceeding of G.R. Case No. 2258 of 2014 arising out of Hare Street Police Station Case No. 642 of 2014 under Section 406/409/34 of the Indian Penal Code pending before the court of learned Chief Metropolitan Magistrate, Kolkata.
(2.) On November 19, 2014, Enforcement Officer, Employees Provident Fund Organization(Opposite party no.2) inspected the establishment M/s Ultimo Logistics Private Limited having its office at 9 Dacres Lane (1st floor), Kolkata 700069 and also at 10, Government Place East Kolkata 69. During inspection he noticed that the petitioners being employers/Managing Director/Directors and the persons responsible for the conduct of the business of the said company though deducted a sum of Rs. 2,33,742/- from the salary/wages of the employees as employees share of Provident Fund contribution for the period from March 2012 to October 2014 but not deposited the amount with the statutory fund in violation of Section 6 of the Act read with Para 38 of Employees Provident Fund Scheme. Accordingly, he lodged a complaint against the petitioners for commission of an offence punishable under Section 406/409 of the Indian Penal Code.
(3.) On the basis of above complaint a case was started against the petitioners at the Hare Street P.S. and investigation ensued and thereafter on completion of investigation a charge sheet was submitted against the petitioners under Section 406/409/34 of the Indian Penal Code.;