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Judgment
N. Ananda
The petitioners are facing prosecution for an offence punishable u/s 85(i)(b) of E.S.I. Act. I have heard Sri Muralidhar, Learned Counsel for petitioners and Sri K. Kirshnappa, Learned Counsel for respondent.
As per the averments of complaint, the E.S.I. contribution for the month of November, 2000 to January, 2011 was paid by petitioners during June, 2011. In terms of Regulation 31, contribution shall be paid within 21 days from the last calendar date of the month.
The Learned Counsel for petitioners would submit that as on date, sanction was accorded to prosecute petitioners, the entire contribution had been paid. Therefore, petitioners have not committed any offence.
In terms of Regulation 31, the amount should have been paid within the time stipulated therein. If the amount is not paid within the time stipulated under Regulation 31, the subsequent payment of E.S.I. contribution with interest may exonerate petitioners of their civil liability. However, that cannot be a ground to plead for exoneration from criminal liability.
The Learned Counsel for petitioners has relied on the judgment of this Court reported in G.A. Purushotham Vs. E.S.I. Corporation, and 1996 III L.L.J 857 (Supp) (in the case of D.A. Mehta and Others Vs. Employees'' State Insurance Corporation, Bangalore) to contend that learned Magistrate has issued process to accused without application of mind.
The order made by the learned Magistrate for issuance of process u/s 204(3) Cr.P.C. reads thus:
Perused the complaint. Prima facie there is sufficient material against accused No. 1 to 3 for the offence u/s 85(a) punishable u/s 85(i)(b) of ESI Act, 1948. Accordingly cognizance of the offence against accused No. 1 to 3 is taken. Register the case against accused No. 1 to 3 in Register No. 3 and issue summons to accused No. 1 to 3 returnable by 15.11.2011.
In my considered opinion, the order passed by the teamed Magistrate for issuance of process u/s 204 Cr.P.C. does not suffer from any illegality. There are no grounds to quash the proceedings. The petition is accordingly, dismissed.