MOINODDIN KHODBODDIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD, learned counsel for the parties.

(2.) RULE. Rule made returnable forthwith by mutual consent.

(3.) THE revision petitioner was accused in Summary Criminal Case No. 2358 of 1995, on the file of Chief Judicial Magistrate, Nanded. He was charged for offence punishable under Section 85 (g) of the Employees' State Insurance Act, 1948, for contravention of Section 45 (2) (a) of the said Act (henceforth referred to as E. S. I. Act for the sake of brevity ). The Chief Judicial Magistrate was pleased to sentence the petitioner for simple imprisonment for six months, fine Rs. 5,000 in default further simple imprisonment for six months. Criminal Appeal No. 32/1999 preferred before Sessions Court, Nanded, was disposed of by Joint District Judge and Additional Sessions Judge, Nanded, vide his judgment and order, dated February 3, 2003. The learned Sessions Judge allowed the appeal partly. He maintained the finding of guilt and conviction, but reduced the amount of fine from Rs. 5,000 to Rs. 4,000, that being the upper limit under the penal provision. The substantive sentence awarded was also maintained.