PRASANTA JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has preferred this revision under Sec. 401 read with Sec. 482 of the Code of Criminal Procedure praying for setting aside the judgment and order dated Feb. 16, 2015 passed by learned Additional Sessions Judge, Fast Track Court, Durgapur, in Criminal Appeal No.3 of 2014 arising out of the judgment and order passed by learned Additional Chief Judicial Magistrate, Durgapur, in C.R. No.405 of 2009 under Sec. 85(a) of the Employees' State Insurance Act, 1948.

(2.) It appears from record that the opposite party - Employees' State Insurance Corporation filed a petition of complaint against the petitioner on the allegation of committing offence under Sec. 85(a) of the Employees' State Insurance Act, 1948. It is alleged in the said petition of complaint that the petitioner did not contribute the share of both employees and employer for the period from Jan., 2007 to March, 2007 and thereby the petitioner committed the offence under Sec. 85(a) of the Employees' State Insurance Act, 1948.

(3.) On March 14, 2014 learned Additional Chief Judicial Magistrate, Durgapur, acquitted the petitioner of the charge under Sec. 85(a) of the Employees' State Insurance Act, 1948. The judgment and order of acquittal passed by learned Magistrate was challenged by the opposite party before the court of sessions by preferring Criminal Appeal No.3 of 2014. On Feb. 16, 2014 learned Additional Sessions Judge, Fast Track Court, Durgapur, disposed of the Criminal Appeal No.3 of 2014 and convicted the petitioner for the offence under Sec. 85(a) of the Employees' State Insurance Act, 1948 and sentenced him to suffer imprisonment for one year. The said judgment and order passed by learned Additional Sessions Judge in Criminal Appeal No.3 of 2014 is under challenge in this revision.