ALAGASUNDARAM CHETTIAR AND OTHERS Vs. EMPLOYEES STATE INSURANCE CORPORATION, REGIONAL OFFICE, MADRAS, REPRESENTED BY S. KAMANATHAN, E.S.I, CORPORATION, MADURAI

JUDGEMENT

(1.) The petitioners against whom the respondent has filed a complaint for offence under sections 405, 406 and 409 I.P.C which was pending before the Additional Judicial First Class Magistrate No.1 Madurai in /C.C.No452 of 1982 which on transfer by this court, is now pending before the Principal Sessions Court, Madurai South, as C.C. No.1 of 1985, invoke the inherent powers of this court under Sec. 482 Crimial P.C. to quash the above proceedings.

(2.) Facts briefly are:- The first petitioner, is the Managing Director and Petitioners 2 to 6 are the Directors and the 7th petitioner is the Factory Manager of M/s. Mahalakshmi Textile Mills Ltd., The said concern was within the purview of the Employees State Insurance Act, 1948 and the regulations made thereunder. Between March 1981 and May 1982, each month the petitioners as employers deducted from the wages of the employees, the employee's contribution towards E.S.I. Fund, the total amount being Rs. 2,51,470- 70 and had failed to deposit the same in the Employees State Insurance Corporation and had thus committed offences under Sections 405,406 and 409 I.P.C. A complaint to the above effect was filed by the respondent before the Court of the Additional Judicial First Class Magistrate, No.1, Madurai, who took it on file as C.C. No.452 of 1982. On receipt of summons, the petitioners approached this court under Sec.482 Crimial P.C. in Crl. M.P. No.2813 of 1983 to quash the above complaint on various grounds. One such ground was that the trial court, which, in another case against the same concern, acquitting the first petitioner, as not being responsible had convicted the seventh petitioner alone and that, therefore, the trial court, ought not to have taken cognisance of the case against the other petitioners. When the matter came up for hearing before this court, more or less on consent basis, the counsel appearing for the petitioners having stated he had no objection for the case being transferred to the Sessions Judge, Court of Sessions at Madurai, C.C.No.452 of 1982 was transferred from the file of the Additional Judicial First Class Magistrate No.1, Madurai to the court of Sessions at Madurai under section 399 Crimial P.C.

(3.) On transfer, learned Sessions Judge, Madurai took the case on his file as C.C.No.1 of 1985 and issued process to the petitioners. On receipt of summons, the petitioners have again approached this court under Sec.482 Crimial P.C. to quash the proceedings.