Against The Order/Judgment In Cc ... vs By Adv. Sri.C.D.Dileep
2021 Latest Caselaw 3724 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                    Crl.MC.No.7660 OF 2018(F)

   AGAINST THE ORDER/JUDGMENT IN CC 135/2018 OF CHIEF JUDICIAL
                   MAGISTRATE COURT, THRISSUR


PETITIONER/ACCUSED NO.1 IN THE CC.NO.135/18 OF THE CHIEF JUDICAIL
MAGISTRATE COURT THRISSUR:

             M.S.REKHA, (AGED ABOUT 47 YEARS)
             SECRETARY, CHERPU SERVICE CO-OPERATIVE BANK LTD.
             NO.3540, CHERPU P.O., THRISSUR - 680 561, AND IN
             CHARGE OF M/S.NEETHI MEDICAL CENTRE, GOVT. HOSPITAL,
             CHERPU P.O., THRISSUR - 680 561, RESIDING AT
             MADMBIKATTIL HOUSE, KOORKANCHERY,
             THRISSUR - 680 007.

             BY ADV. SRI.C.D.DILEEP

RESPONDENTS:STATE AND COMPLAINANT IN THE CC NO.135/18 OF THE CHIEF
JUDICAL MAGISTRATE COURT THRISSUR

      1      STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM.

      2      ESI CORPORATION
             REPRESENTED BY THE SOCIAL SECURITY OFFICER, ESI
             CORPORTION, THRISSUR, PIN - 680 020.

             R2 BY SRI.T.V.AJAYAKUMAR, SC, ESI CORPN.
             R2 BY ADV. KUM.P.H.RIMJU


             PUBLIC PROSECUTOR.SRI.RAMESH CHAND

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD            ON
02.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.7660 OF 2018(F)          2




                               ORDER

Cognizance was taken under Section 85 (a) of

ESI Act (Employees State Insurance Act, 1948)

on account of failure to pay ESI contribution

for the period 2015-2016. Subsequently, the

entire amount was recovered. It is submitted

that the alleged default in payment of

contribution in time is due to the confusion

created with respect to the name of institution

and the number given in the year 2013. It

would be a valid defence available to the party.

It cannot be used as a ground to quash the

proceedings. The learned Chief Judicial

Magistrate, wherein the proceedings are pending,

is at liberty to consider the nature of default

alleged and whether it would constitute a

malafide act on the part of the accused,

especially when the entire amount was recovered

subsequently, so as to advance justice.

With the above observation, the Crl.M.C. is

closed.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S ANNEXURES:

ANNEXURE A1 CERTIFIED COPY OF THE PRIVATE COMPLAINT CC 135/18 FILED BY THE 2ND RESPONDENT BEFORE THE CJM COURT DATED 13/07/2018.

ANNEXURE A2 A TRUE COPY OF THE LICENSE ISSUED BY PANCHAYAT FOR "NEETHI MEDICAL STORE".

ANNEXURE A3 A TRUE COPY OF THE INTERIM ORDER MP NO.64/2018 DATED 11/10/2018 IN IC 23/2018 OF THE ESI COURT THRISSUR.

ANNEXURE A4 A TRUE COPY OF THE LETTER ISSUED BY THE FEDERAL BANK SHOWING RECOVERY AND REMITTANCE OF THE COVERAGE AMOUNT SHOWN IN THE ANX-A1 COMPLAINT.

RESPONDENTS ANNEXURES:

ANNEXURE R2 TRUE COPY ORIGINAL SURVEY REPORT DATED 31/3/2016 - STATE REGN.NO.54 & ENCLOSURES

ANNEXURE R2(A) TRUE COPY C-11 NOTICE DATED 26/4/2016

ANNEXURE R2(B) TRUE COPY C-18 (ADHOC) NOTICE NO.54000231140001099/5302016450 ISSUED ON 30/05/2016 ANNEXURE R2(C) TRUE COPY OF THE RELEVANT EXTRACT OF PAGE 2 NOTING SHEET IN THE EMPLOYER FILE, DULY SIGNED BY THE PETITIONER

ANNEXURE R2(D) TRUE COPY NOTIFICATION NO.V-13/11/1/2014-P & D DATED 20/12/2016

//TRUE COPY//

P.A. TO JUDGE