ESI CORPORATION Vs. RAMANARAYANAN

JUDGEMENT

(1.) The order of the court was delivered by Kader J. - The only question that arises for determination in this criminal revision case is whether there is a right of appeal given to a complainant in a private complaint under sub-s.(4) of S.378 of the Code of Criminal Procedure. In calender revision a learned Judge of this court issued notice to the parties to show cause why revisional order passed in the case "be not set aside as one passed without jurisdiction", and when the matter came up for hearing before one of us, the case was referred to be heard by a Division Bench.

(2.) The short facts necessary for the disposal of this revision can now be stated. A private complaint was filed by the E.S.I. Corporation represented by the Manager, Local Office, Employees' State Insurance Corporation, Kallai, before the Chief Judicial Magistrate, Kozhikode alleging that the accused therein being the Principal Employer of the factory known as "M/s South India Saw Mills", Kallai, failed to pay the contribution and submit the contribution cards for the contribution periods mentioned in the complaint and thereby committed offences punishable under S.85(i)(a), (b), (c) and (g) of the Employees' State Insurance Act, 1948, hereinafter called the Act. The accused denied having committed any offence and claimed to be tried and the summary trial that followed in S.T. Case No. 183 of 1977 ended in acquittal of the accused. The Employees' State Insurance Corporation, the complainant, challenged this order of acquittal in Crl. R.P. No. 67 of 1978 before the Court of Session, Kozhikode Division and the learned Sessions Judge set aside the order of acquittal and sent back the case to the Trial Court for fresh disposal according to law. In Calender revision it was found that, as this was a case where an appeal could have been filed under S.378(4), Criminal Procedure Code, a revision was not maintainable in view of the express prohibition under sub-s.(4) of S.401, Criminal Procedure Code.

(3.) The relevant sections for consideration are S.378 and S.401, Criminal Procedure Code S.378, Criminal Procedure Code reads: