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Judgment
Heard the parties.
The petitioner is aggrieved by the order dated 29.03.2000 passed in C-2 Case No.1114 of 2000 by learned Chief Judicial Magistrate,
Jamshedpur by which cognizance has been taken for the offences punishable under Sections 14(1)(A) of the Employees Provident Fund And
Miscellaneous Provisions Act, 1952 read with para 76(d) of the Employees Provident Fund Scheme, 1952. The petitioner is further aggrieved by
the coercive steps, which have been ordered to be taken against the petitioner by learned Judicial Magistrate, 1stst Class, Jamshedpur.
It has been stated by learned counsel for the petitioner that the petitioner has falsely been implicated in this case only on the ground that at the
relevant point of time, he was the Director of M/s Incab Industries Ltd. Learned counsel for the petitioner submits that he was granted bail in the
year 2001 and after his retirement, he was not aware about his requirement of his presence in the criminal case because on account of some
communication gap which resulted in not appearing before the court below and subsequently, order was passed by the learned court below for
taking coercive steps against the petitioner.
Learned Addl. P.P. has opposed the prayer made by learned counsel for the petitioner.
It appears that the petitioner has been implicated in this case on the allegation that contribution of employees provident fund of M/s Incab
Industries Ltd has not been submitted for the period June, 1999, which was a violation of the provision of the Employees Provident Fund Scheme,
1952.
Since from the complaint case, there appears to be a prima facie allegation against the petitioner, I am not inclined to interfere with the criminal
proceeding.
It has been stated that the petitioner undertakes to appear before the court below within four weeks from today. Since the petitioner was
granted bail and thereafter he did not chose to appear, the learned court below had no option but to take coercive steps against him.
However, in view of the aforesaid fact and the observation made in Cr.M.P. No.129 of 2015, which concerns the present petitioner, this
application is disposed of with a direction to the petitioner to surrender before the court below within a period of 8 weeks from today. If the
petitioner surrenders within a period as aforesaid and prays for bail, his bail application shall be considered on his own merit and the learned court
below shall also take into consideration that the petitioner has already superannuated from the service and, thereafter, pass necessary orders
preferably on the same day itself.