B N OJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two applications under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') have been heard together, as common questions of law are involved therein and the parties are also common, the only difference is with regard to the period for which the prosecutions have bee i launched.

(2.) Both these applications are directed against the orders dated 10-10-77 by which the Chief Judicial Magistrate of Bettiah has taken cognizance against the petitioners for an offence punishable under Section 14-AC (1) of the Employees' Provident Funds and Miscellaueous Provisions Act, 1952 (hereinafter referred to as 'the Act'). It appears that complaints in both the cases Were filed on the same day on 10-10-1977 and cognizance was also taken on the same day. In Cr. Misc. No. 8794 of 1982 the allegation was that the Bettaih Power House, which is an Establishment within the meaning of the Act, failed to furnish monthly returns for the months of March 1976, April and May 1976 as required by paragraph No. 36 (2) of the Employees' Provident Funds Scheme (hereinafter referred to as 'the Scheme') which is punishable under paragraph No. 76 (b) of the Scheme read with Section 14 (2) of the Act. Similarly, in the other case, to with Cr. Misc. No. 8795 of 1982 the prosecution was for non-submission of the said returns by the same establishment for the months March, April and May, 1972. It has been alleged in both the cases that the petitioners are the persons-in-charge of the said Bettiah Power House and were responsible for the conduct of its business. After service of summons the petitioners filed a petition before the trial court their discharge on the ground that their prosecution was barred by limitation and also for want of valid sanction for their prosecution. The learned Magistrate by his order dated 6-8-1982 has rejected their petition in both the case and the petitioners have come up to this Court for the same relief.

(3.) The petitioners have also filed a supplementary affidavit on 23-7-1987 in which it has been stated that the Board has already filed returns and deposited the amount of arrears of the Bettiah unit on 25-2-1981.