RONGON MUKHOPADHYAY,J. - (1.) Heard the parties.
(2.) In this application, the petitioners have prayed for quashing the entire criminal proceeding in connection with P.G. Case No. 71 of 2004, including the order dated 15.3.2004, passed by the learned Chief Judicial Magistrate, Dhanbad, whereby and whereunder cognizance has been taken for the offence under section 9(2) of the Payment of Gratuity Act, 1972. ( The Act for short).
(3.) It appears that a complaint case was instituted by the opposite party no. 2 on the allegation that the employer had failed to pay the amount of gratuity to the employees within 30 days from the date it became payable under section 7(3). Pursuant to filing a complaint, cognizance was taken on 15.3.2004 by the learned Chief Judicial Magistrate, Dhanbad for the offence under section 9(2) of the Payment of Gratuity Act and which is under challenge in the present application.;