N. C. Talukdar. J.

This Rules was issued at the instance of the two accused-petitioners for setting aside an order dated the 18th May, 1971 passed by Sri S. C. Dutta, Presidency Magistrate, 15th Court, Calcutta, in Case No. C-164 of 1970, rejecting their prayer-to discharge them and for quashing the said proceedings pending against them before the learned trying Magistrate under section 406. Indian Penal Code.

2. The background of facts is a short one. A petition of complaint was filed in the Court of the learned Additional Chief Presideney Magistrate, Calcutta, on the 13th March. 1970 by the complainant-opposite party no.1, Sambhu Prasad Agarwal, stated to be the Chief Accountant of M/s. Inter State Transport Agency, a partnership firm having its registered office at 134/1. Mahatma Gandhi Road, Calcutta, alleging inter alia, that the staff attached to the Registered Office at Calcutta and branch offices numbering about 70 heads are entitled to the benefit of Employees' Provident Funds Scheme and haw been regularly contributing to the said fund according the Rules; that according to the Provident Funds Scheme. the amount collected every month for the said fund are to be de