EMPLOYEES STATE INSURANCE COPORATION, BANGALORE Vs. R SUNDARAM

JUDGEMENT

(1.) In this appeal by special leave the appellant has prayed that the order of acquittal dated 7-6-1979 passed by the Metropolitan Magistrate, VI Court, Bangalore dismissing the complaint on the ground of limitation under S. 468 of the Cr. P. C, 1973 be set aside.

(2.) The appellant-complainant the Employees State Insurance Corporation is represented by Sri M. Papanna, learned Advocate. It. filed a complaint alleging offences punishable under S. 85 (a), 85 (e) and 85 (g) of the Employees' State Insurance Act, 1948, against the respondent-accused for non-payment of contributions for the periods ending with 31-7-1976 and 25-9-1976.

(3.) A few more facts necessary for the disposal of this appeal are that the complaint was filed before the Metropolitan Magistrate V Court, Bangalore, on 19-2-1977 and he took cognizance of the offences. It appears that thereafter the complainant realised that the Metropolitan Magistrate V Court had no local jurisdiction over the particular area where the factory in question is situated and that the Metropolitan Magistrate VI Court had the local jurisdiction and hence, the complainant filed a memo for the transfer of the case to the Court of Metropolitan Magistrate VI Court and the Metropolitan Magistrate V Court did transfer the case to the Metropolitan Magistrate VI Court and such transfer took place on 12-7-1977. The learned Magistrate viz., Metropolitan Magistrate VI Court has taken this date i.e. 12-7-1977 as the date on which the complaint has been filed before him and after construing the provisions of Employees' State Insurance Act in regard to the question viz., the contribution has to be paid every six months from March 1976, concluded that the complaint is beyond time. In other words, he has employed the terminology of S. 468 of the Cr. P. C.