1 cr.wp 1213/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1213 OF 2010 Solapur Mahanagarpalika Sarvadarshan Sevakanchi Sahakari Patsanstha Maryadit & Ors ..... Petitioner. v/s Chandraprabha Devendra Agase & Anr ..... Respondents. Mr. Anand S. Kulkarni for the Petitioner. Mr. D.R. More, APP for the State. CORAM: V.M. KANADE, J. DATE : 1st December, 2010 P.C:- 1. Heard the learned Counsel appearing on behalf of the Petitioner and the learned APP appearing on behalf of the State. 2. Petitioner is the original accused against whom a complaint has been filed by the original complainant for the offence punishable under sections 403, 405, 506, 420 read with section 34 and 167 of the Indian Penal Code. It is alleged that the Petitioner did not deposit provident fund with the Commissioner though it had deducted the said amount from the salary of the employees. The Trial Court issued process. The said order was confirmed by the Sessions Court. Against the said order, present Writ Petition 2 cr.wp 1213/10 has been filed. 3. The learned Counsel appearing on behalf of the Petitioner submitted that there is sufficient material which would indicate that the said amount was, in fact, paid. He submitted that the Petitioner has maintained the accounts which indicate that the said payment was made in time. 4. The submission made by the learned Counsel appearing on behalf of the Petitioner cannot be accepted. At this stage, this Court cannot consider the documentary evidence produced by the accused. In any event, both the courts below have taken into consideration the material which was produced by the complainant on record which indicated that though provident fund was deducted, this amount was not deposited from the year 2002. Hence, no case is made out for quashing the order of issuance of process. 5. Writ Petition is dismissed. 6. Petitioner, however, is at liberty to apply for discharge under section 245(2) of the Cr.P.C. at an appropriate stage. 7. Writ Petition is accordingly disposed off. V.M. KANADE, J.