1 abs FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1697 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders ------------------------------------------------------------------------------------------------------------------ Mr. Rohan Sonawane h/f Mr. M.B. Shirsat for the applicant. Mr. K.V. Saste, A.P.P. for the State. CORAM : D.G. KARNIK, JJ. DATE : 3RD NOVEMBER 2009 P.C. : 1. Heard. 2. By this application, the petitioner prays for quashing of the FIR registered as C.R. No. 483/85 filed by the respondent no.2 and also the complaint no.921/PW/05 pending before the 48th Metropolitan Magistrate's Court at Andheri, Mumbai. 3. The respondent no.2 filed the FIR with 2 D.N. Nagar Police Station, Mumbai that the applicant had committed an offence under section 406 of the I.P.C. by committing criminal breach of trust by non-deposit of provident fund contribution and family pension which he had deducted from the salaries of the employees. The only ground which is urged before me for quashing the proceeding is that the amount has since been deposited. However, no document is produced before me to show that the amount has been deposited. 4. In para 3 of the application, the petitioner has stated as follows:- "The Applicant submits that the said Complaint was lodged without verifying the true facts as the contribution of the employees was duly deposited by the Company for the period February 1085 to May 1985. The Applicant craves leave to rely upon the receipts as and when required.” 3 This averment is not supported by any material which is produced on record. In the absence of any material on record to show that the applicant has deposited the amount, the FIR and the complaint cannot be quashed. The application is accordingly dismissed. (D.G. KARNIK, J.)