RAKESH MOHINDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) -This application under Sec. 482 of the Code of Criminal Procedure (in short Cr.P.C.) has been filed by petitioner for quashing of the proceeding of Case No.C-19576 of 2007 under Sec. 85 (a) of the Employees State Insurance Act, 1948 (in short E.S.I. Act) pending before the learned Metropolitan Magistrate, 16th Court, Calcutta.

(2.) A complaint was filed by the opposite party against the petitioner before the learned Chief Metropolitan Magistrate, Calcutta alleging that the petitioner had failed to pay the employees and employer s share of contribution for the period from April, 2006 to June, 2006 within the specified time in respect of the employees work in Golpark Service Station as required under the E.S.I. Act with Rules and Regulations made thereunder. Therefore, the petitioner committed an offence punishable under Sec. 85 (a) of the E.S.I. Act Learned Chief Metropolitan Magistrate took cognizance and issued summons to petitioner as accused. Then the case was transferred to the 16th Court of Metropolitan Magistrate, Calcutta for disposal.

(3.) Petitioner s claim is that before initiation of the proceeding against him he paid arrear dues for the months of April, 2006 and May, 2006 on 20.02.2007 and for month of June, 2006 on 17.08.2007. As such, continuation of that proceeding is abuse of the process of court and the proceeding is liable to be quashed.