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Judgment
Heard.
This order will dispose of CRR Nos.3624, 3626, 3628, 3630,
3631, 3632, 3635, 3636, 3641, 3642, 3644, 3646 and 3647 of 2017. For
facility of reference, facts are being mentioned from CRR No.3624-2017.
Notice of motion in all the revisions were issued only on the
point of quantum of sentence.
On the last date of hearing, it was pleaded by learned counsel
for the petitioners that he has paid the entire amount.
Today, learned counsel for respondent no.2 has filed a
certificate showing that for the period 2007-2010, a sum of Rs.3,25,733/-
including cost and charges is still recoverable from the petitioner. He has
also pointed out that it is observed in the judgment of the trial Court and
appellate Court that a sum of Rs.4,23,327/- is still outstanding against the
present petitioner.
Learned counsel for respondent no.2 has opposed the prayer for
reduction in sentence on the ground that under Section 14(1)(a) of the
Employees Provident Funds and Miscellaneous Provisions Act, 1952,
minimum sentence is provided for one year, which may extend to three
years. However, the Court, for special and adequate reasons, to be recorded
in the judgment, impose the sentence of lesser term.
Learned counsel for the petitioners has stated that during trial
and before the appellate Court he has paid Rs.2,58,000/- out of his
outstanding liability.
Considering that the petitioner has paid some part of his
liability and there is fine of Rs.10,000/- in each of the complaints, therefore,
on account of the making part payment during the pendency of the trial and
appeal, substantive sentence of Rigorous Imprisonment for one year is
reduced to Rigorous Imprisonment for six months in each of the complaint,
for the above noted special reasons. Sentence of fine is maintained.
Sentences shall run concurrently as directed by the lower appellate Court.
With the above noted modification in the sentence, all the
present revision petitions are dismissed.
A copy of the order be placed on the connected case files.