NAGA THEATRE Vs. PROVIDENT FUND INSPECTOR BANGALORE

JUDGEMENT

(1.) Criminal Petition Nos. 1330 of 1989 and 330 of 1990 to 348 of 1990 are preferred by the petitioners against the orders of the learned Presiding Officer of the Special Court for Economic Offences in C.C. Nos. 104 of 1986 to 123 of 1986, setting aside the order of dismissal of the complaints filed in those cases.

(2.) Since both the parties in these cases are same and the complaints are, filed by the respondent in respect of different periods for non-payment of contribution to Provident Fund by the petitioners and as common questions of law arise in these cases I have heard these petitions together and I am passing a common order.

(3.) The respondent filed a complaint aginst the petitioners for the offences punishable u/ Ss. 14(1A), 14(A) and 14(AA)/14(1B), of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (which will hereinafter be referred to as "the Act"). On 27-11-1987 the complainant was absent and, therefore, the learned Presiding Officer of the Court of Economic Offences, Bangalore City, Bangalore, acquitted the petitioners under S. 256, Cr. P.C. In January, 1988, an application came to be filed on behalf of the respondent under S. 300(5) Cr. P. C. and the learned Presiding Officer allowed that application and set aside the order acquitting the petitioners under S. 256, Cr. P.C. It is this order that is challenged by the petitioners in these cases.