The combination of breach of payment of statutory contribution with forgery and cheating rendered the petition to quash under Section 482 of Cr.P.C. not maintainable.

JUDGMENT

(Prayer:- Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to call for the records pertaining to the case pending investigation in charge sheet/Final report bearing No.02/2021 dated 29.07.2021 on the file of the respondent and quash the same as against the petitioner.)

1. This Criminal Original Petition is filed under Section 482 of Cr.P.C., to quash the criminal proceedings, which is the subject matter of C.C.No.347 of 2021, on the file of the Chief Judicial Magistrate, Puducherry.

2. Based on the source of information, CBI, EOB, Chennai registered FIR in RC.No.02/E/2020 on 28.08.2020. As per the FIR, M/s.Orion Security Solutions Pvt.Ltd.,[A1] represented by its Directors, Major.Ashutosh Jha [A2] and Smt.Kundan Jha [A3] engaged in manpower management for providing security services, participated in the tender called for providing security at JIPMER complex, Puducherry for the period from 01.04.2017 to 30.03.2018. The said contract was further extended upto 31.10.2018.

3. It was alleged that in collusion and connivance with the staff of JIPMER, without remitting the contribution of ESI/EPF for the employees engaged by the company for providing security for JIPMER, had submitted a false/fabricated certificate about the remittance of their contribution to ESIC/EPFO and got released the payment of the tender amount without paying the mandatory contribution towards ESI and EPF, a sum of Rs.63,34,503/- and R.1,88,47,631/- respectively for the period from 01.04.2017 to 30.04.2018 payable as contribution for 410 workers engaged by them at JIPMER. Induced the JIPMER management to release the payment and thereby obtained wrongful gain. On completion of investigation final report filed against Orion Security Solutions Pvt.Ltd., [A1] represented by its Managing Director, Major.Ashutosh Jha [A2], Harsh Kumar Goyal, General Manager, HR Compliance of M/s.Orion Security Solutions Pvt.Ltd., for preparation of fake/fabricated Pay roll, ESI remittance chellan, ESI schedule etc., in connivance with other accused persons and Smt.Kundan Jha.

4. As per the final report, the terms and condition of the tender contract is that the contractor should submit the clearance/NOC from the respective competent Labour Authorities, EPF officers, ESI organizations, etc before raising the bill. Whereas, by creating false/ fabricated documents as if the mandatory contribution is remitted into the account of ESI/EPF, the bills were withdrawn. In order to get the bills to be passed, Major.Ashutosh Jha [A2] conspired with Harsh Kumar Goyal [A3], General Manager, HR Compliance of A1 company and in furtherance of the criminal conspiracy with intention of cheating JIPMER, Puducherry, they prepared fake and forged debit instruction notes addressed to ICICI bank, New Delhi for transfer of wages, acquittance roll, ESI contribution remittance chellan, ESI schedules, salary transfer sheet, etc., and fraudulently/dishonestly submitted it to JIPMER, Puducherry along with the invoice and the attendance sheet as if they complied the terms and conditions imposed in the work order and contract agreement without making any remittance towards the mandatory contribution on behalf of employees.

5. The petition to quash is filed on the ground that the ingredient of Sections 406, 420, 201, 467, 468 & 471 IPC not been made out. There is no breach of trust or allegations of cheating is alleged in the final report. No material evidence to implicate the accused 1 and 2 for making false documents to attract offence under Sections 467, 468 & 471 IPC. Further, contended that the mandatory contribution had been paid belatedly with penalty and interest. The ESI has issued a letter in the month of February 2022 that the 1st accused company had cleared all its ESI contribution due as on 08.02.2022 and therefore, the following judgment of Hon''ble Supreme Court