C.K.THAPLIYAL Vs. MANOHAR J. NAGPAL AND OTHERS
HIGH COURT OF BOMBAY
Manohar J. Nagpal And Others
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(1.) This Appeal is preferred against the common order dated 22nd February 1999 in Case No. 185/ESIC/91 passed by the learned Metropolitan Magistrate, 46/25th Court, Mazgaon, Mumbai thereby acquitting Respondents Nos. 1 to 4 of the offence punishable under Section 85(a) of the Employees' State Insurance Act, 1948 (hereinafter referred to as the ESI Act for short).
(2.) Briefly stated facts of the case are as under: The Appellant, being Insurance Inspector appointed under the provisions of the Employees' State Insurance Corporation, had filed a complaint against the Respondents Nos. 1 to 4 for their failure to pay to the Appellant their contribution for providing insurance coverage to their employees. The offence was punishable under Section 85(a) of the ESI Act. Before the Trial Court since considerable time has lapsed and as the evidence of complainant could not be completed the learned Magistrate relying upon the ratio in the case of Raj Deo Sharma v. State of Bihar, 1998 Cri.L.J. 4596 (SC) acquitted Respondents Nos. 1 to 4 under the impugned order which is under Appeal.
(3.) I have heard learned counsel for the Appellant. Nobody appeared on behalf of the Respondent Nos. 1 to 4 though served.;
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