NAND KISHORE SINGHANIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONERS have challenged the order dated dated 20.5.2003 by which charges were framed against the petitioners. The prosecution report discloses that the allegations are that the petitioners had not produced the ledger and cash book relating to their factory before the Insurance Inspector who visited their factory. On the said allegations, a case was instituted under Section 85(g) of the Employees State Insurance Act, 1948.

(2.) THE petitioners had come to this Court earlier and challenged the order taking cognizance. This Court while considering the 2 submissions, held that there was no element of mensrea, in committing the offence, as the petitioners had replied to the show cause served upon them, showing their inability to produce their records as they were submitted at Patna for inspection. THE explanation of the petitioners that the records were not available seems to be admitted by the State and was considered a good ground for considering whether there was any intention to commit the offence alleged, by this Court. This Court, therefore, held that the petitioners may place all these facts at the stage of framing of charges.