S.K.Guin, J. - (1.) -This revisional petition is directed against the order passed by the learned Additional Sessions Judge, 3rd Court, Alipore, on 30.11.83 in Criminal Appeal No. 109 of 1983 whereby he dismissed the appeal, confirmed the findings and order of conviction. passed by learned Judicial Magistrate, 4th Court, Sealdah in Case No. C-211 of 1980 but modified the sentence by reducing the amount of fine from, Rs. 500/- to Rs. 200/- to be paid by each of the appellants before him.
(2.) One Sankar Bhattacharyya, Insurance Inspector of the Employees' State Insurance Corporation filed a petition of complaint before the learned Judicial Magistrate, Sealdah alleging that the accused persons being the partners of M/s. Bharat Udyog at 105/1, Ultadanga Main Road, Calcutta which were an establishment as defined in E.S.I. Act, 1948, were the principal employers as defined in clause 17 of section 2 of the said Act in respect of the said establishment. It was further alleged that the accused persons having failed to submit contribution cards together with return in Form No. 6 in Set-B for the contribution period that expired on 29.9.79 within the due date i.e. on or before 10.11.79 committed an offence punishable under section 85(of the said Act. After having obtained the requisite sanction to prosecute the accused persons for such offence, Sri Sankar Bhattacharyya, Insurance Inspector, filed the said petition of complaint. The learned Judicial Magistrate by his order dated 7.3.80 took cognizance on such petition of complaint and issued summons against the accused persons under section 85(g) of the said Act. In obedience thereof four accused persons, one of whom died subsequently appeared before the learned Judicial Magistrate and they were examined under section 251 of the Code of Criminal Procedure. They pleaded not guilty to the accusation made against them and claimed to be tried.
(3.) The prosecution examined two witnesses including the complainant and produced some documents. The accused persons did not adduce any evidence. On consideration of the evidence as laid before him the learned Judicial Magistrate found the accused persons guilty of the offence punishable under section 85(g) of the E.S.I. Act, 1948 and convicted them accordingly. As in the opinion of the learned Judicial Magistrate, the offence committed by the accused persons was of technical in nature, he took a lenient view of the matter and sentenced each of them to pay fine of Rs. 500/- I.D. to R.I. for one month. He also directed that 10% of the total fine amount, if realised, would be paid to the E.S.I. Corporation as cost.;