IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5540 OF 2024 BETWEEN:

SRI. VINIL PHILIP CHERIAN S/O SRI. C.C. CHERIAN, AGED ABOUT 46 YEARS, MANAGING PARTNER, M/S. SOCIAL DNA LABS LLP, UNIT NO. 10, LEVEL 2, INNOVATOR BUILDING, ITPB, WHITEFIELD, BENGALURU - 560 066.

…PETITIONER (BY SRI. G.M. SRINIVASA REDDY, ADVOCATE)

AND:

Digitally signed by KAVYA R 1. STATE OF KARNATAKA, Location: High REPRESENTED BY WHITEFIELD Court of POLICE STATION, BENGALURU CITY, Karnataka THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.

2. SRI. K.S. VENUGOPAL, S/O. SRI. SIDDARAM, AGED ABOUT 42 YEARS, WORKING AS ENFORCEMENT OFFICE, EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, K.R. PURAM, NO. F28, NSU BLOCK, ITI CAMPUS, DOORVANINAGAR, BENGALURU - 560 016.

…RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1;

NOTICE TO R2 IS HELD SUFFICIENT V/O DTD.20.01.2025) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.11503/2019 REGISTERED BY THE WHITE FILED P.S. AGAINST THE PETITIONER IN CR.NO.349/2018 FOR THE OFFENCE P/U/S 406, 420 OF IPC ON THE FILE OF THE LEARNED A.C.J.M BENGALURU RURAL AT BENGALURU.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, the petitioner seeks quashing of the impugned proceedings in C.C.No.11503/2019 arising out of Crime No.349/2018 against the petitioner for offences punishable under Sections 408 and 420 of the IPC on the file of the learned Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru.

2. Heard the learned counsel for the petitioner and the learned HCGP for respondent No.1 and perused the material on record.

3. Respondent No.2 having been served with notice of the petition, has chosen to remain unrepresented and has not contested the petition.

4. A perusal of the material on record will indicate that respondent No.2, who is an Enforcement Officer of the Employees Provident Fund Organization, filed a complaint to the effect that the petitioner who is the Managing Partner of M/s. Social DNA Labs LLP had not deposited the requisite provident fund amount of Rs.3,17,796/- towards the employees working in the M/s. Social DNA Labs LLP partnership for the period from July, 2017 to May, 2018 in its provident fund account, thereby committing offences under Sections 408 and 420 of the IPC.

5. In pursuance of the same, the learned Magistrate took cognizance of the aforesaid offences and initiated the present proceedings, which are assailed in the present petition.

6. Learned counsel for the petitioner invited my attention to the impugned charge sheet in order to point out that the petitioner not being a clerk/servant of the aforesaid M/s. Social DNA Labs LLP., Section 408 of the IPC would not be applicable to the petitioner who is a Managing Partner of the M/s. Social DNA Labs LLP., which is a limited liability partnership firm. Consequently, the impugned proceedings qua the petitioner deserves to be quashed.

7. It is also pointed out that before the learned Magistrate itself, respondent No.2 - complainant has filed a memo dated 25.03.2024 in that the entire provident fund amount had been actually deposited by the petitioner and consequently, continuation of the impugned proceedings qua the petitioner deserves to be quashed.

8. As stated supra, respondent No.2 - complainant having been served with notice of the petition, has chosen to remain unrepresented and has not contested the petition.

9. As rightly contended by the learned counsel for the petitioner, the petitioner being a Managing Partner of the M/s. Social DNA Labs LLP partnership firm, Section 408 of the IPC evidently would not apply to the petitioner, since he is not a clerk/servant as contemplated in the said provision and consequently, the impugned proceedings in relation to the said offences