PROVIDENT FUND INSPECTOR Vs. M/S KAMALA STORES

JUDGEMENT

(1.) THESE revision petitions arose out of the order dated 19.11.1996 passed by the learned Judicial Magistrate No.II, Coimbatore in C C.Nos.376 to 379 of 1993 respectively, discharging the respondent/ accused in the respective cases.

(2.) THOUGH the petitioner has raised several grounds in the revision petitions, the only question that has been argued before the Court is as to whether the judgment rendered by the Supreme Court in the case of Common Cause, A Registered Society v. Union of India, A.I.R 1996 S.C. 1619 is applicable to the case on hand.

(3.) LEARNED advocate for the petitioners has submitted that the directions given by the Supreme Court in Clause 2(f) of the , A.I.R 1996 S.C. 1619 is not applicable to the cases on hand for the reason that the petitioner/ complainant has not wholly or partly responsible for the delay of the proceedings and unless and until it is proved that the delay is attributable by the petitioner, the accused/ respondents are not entitled to the benefit of the directions given by the Supreme Court.