ORDER :

Vivek Rusia, J.

1. The applicant has filed the present petition u/s. 482 of the Cr.P.C. seeking quashment of the proceedings of Case No. 25632/2011 initiated by the respondent under the provisions of Payment of Wages Act, 1936 (hereinafter referred to as "the Act of 1936" for short).

2. Brief facts of the case are as under:

The applicant is a Director of the company viz. M/s. Metalman Industries Ltd. has an Industrial unit at 17-19, Sector-B, Sanwer Road, Industrial Area, Indore under the provisions of Section 2(m)(i) of the Factories Act, 1948. The company is engaged in the manufacturing of steel pipes tubes and sheet.

The Inspector under the Act of 1936 carried out a surprise inspection 15.10.2011 and directed the applicant to produce the register for salary & wages for the month of August and September, 2011. After inspection and taking the statement of the workmen/employees, it was found that the wages for the July, 2011 to October, 2011 were not paid. Despite directions u/s. 14(4)(d) of the Act of 1936, balance-sheet and Accounts were not produced before the Inspector up to 28.10.2011, therefore, such an act is punishable u/s. 20 of the Act of 1936. Accordingly, Mukesh Jain