- (1.) THIS misc. petition under Section 482, Cr. P. C. has been filed by the petitioners against the order dated 15-4-2004 (Annexure-3) passed by the learned ACJM no. 3, Alwar, whereby he had taken cognizance against them. Thereafter, the petitioners had filed a revision petition before the sessions Court which came to be considered by ADJ No. 1, alwar (Revision Petition No. 09/2004)and the same was dismissed on 11-6-2004. Being aggrieved of the aforesaid orders, the petitioners have filed the present petition before this Court.
(2.) BRIEF facts of the case are that one ram Nath Saraswat, Enforcement Officer, in the office of Central Provident Fund, Alwar lodged a report at Police Station M. I. A. , alwar. It was stated in the said report that modi Alkalies Chemicals Ltd. (for short 'company' herein) which later changed its name as 'lords Chloro Alkali Ltd, had deducted the amount of provident fund from the salaries of its employees for the period of June 1998 to February 1999, but the same was not deposited in the office of Provident fund Commissioner. Therefore, it was stated in the report that the Company has committed offences under Sections 406 and 409, IPC.
(3.) ON the aforesaid report, the instant fir No. 124/99 came to be registered. Thereafter, the police investigated the matter and on conclusion of the same, submitted a final Report holding that the matter is of a civil nature. The learned Court then issued notice to the complainant, who filed a protest petition before the learned Magistrate. On having received the protest petition, the learned ACJM examined the complainant and his witnesses and thereupon took cognizance against the accused-petitioners on 4-6-2001 (Annexure-1 ).;