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SCR.A/768/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 768 of 2008
=============================================
RAJESHBHAI
JAMNADAS PAREKH & 2 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=============================================
Appearance
:
MR ND NANAVATY for NANAVATY
ADVOCATES for Applicant(s) : 1 - 3.
MR UA TRIVEDI ADDL. PUBLIC
PROSECUTOR for Respondent(s) : 1,
MS E.SHAILAJA for Respondent(s)
: 2,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 05/05/2010
ORAL
ORDER
This
application is filed under Section 482 of the Code of Criminal
Procedure for quashing of complaint being CR No. I- 332 of 2005
registered at Adalaj Police Station for the offences punishable
under Sections 405(1), 406, 409 and 114 of the IPC for default on
the part of the applicants in not paying Rs.12,26,826/- in the
Office of the Provident Fund.
The
quashment was sought on account of fact that there was no intention
to wrongfully withholding the amount. There was some delay in making
payment.
Learned
counsel Ms. E.Shailaja appearing for the respondent No. 2 submits
that she has received instructions that the payment has already been
paid.
Learned
senior counsel Shri N.D. Nanavaty appearing for the applicants
ensures this Court that in future, the payment shall be made
regularly and an undertaking to this effect shall also be filed
before this Court with a copy to the counsel to the other side by
the applicants that in future regularly the Provident Fund amount
shall be deposited by the applicants.
In
view of this, the matter deserves to be disposed of as no useful
purpose shall be served in prosecuting the applicants, especially
when the payment outstanding has already been paid and an assurance
is given to this court that in future no such default was occurred
and an undertaking is to be filed. The applicants shall file an
undertaking within a week from today. The same shall be taken and
kept on record. In view of this, the Complaint being CR No. I-332 of
2005 registered at Adalaj Police Station for the offences punishable
under Sections 405(1), 406, 409 and 114 of the IPC, does not deserve
to be proceeded with and deserve to be quashed and is accordingly
quashed qua applicants. Rule is made absolute in above terms.
[ANANT
S. DAVE, J.]
//smita//
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