JUDGMENT :

Shampa Dutt Paul, J.

1. The present revision has been preferred praying for quashing of proceeding being G.R. No.13/16 in connection with Gorubathan Police Station Case No.02/16 dated 07.01.2016 under Section 406/409 of the Indian Penal Code pending in the Court of the learned Additional Chief Judicial Magistrate, Kalimpong.

2. The petitioner's case is that the petitioner is the Director of Subarnapur Tea Estate Pvt. Ltd. owner of Fagu Tea Estate having its registered office at South Colony, P.O. Mal, District-Jalpaiguri and its tea estate namely Fagu Tea Estate at P.O. Gorubathan, District-Darjeeling.

3. The said Company is the owner of the said tea estate and the employer within the meaning of Section 2(i) of the Employees' Provident Fund & Miscellaneous Provisions Act, 1952. The said company is covered by the Employees' Provident Fund & Miscellaneous Provisions Act, 1952, and has to pay provident fund dues under the provisions of the said Act in respect of the said tea estate.

4. The financial condition of the said company depends largely on the market conditions. If the market conditions are adverse the said company is unable to make payment of wages and other statutory d