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1990 DIGILAW 548 (KAR)

EMPLOYEES STATE INSURANCE CORPORATION v. KRISHNA DASS

1990-10-08

K.RAMACHANDRIAH

body1990
RUMACHANDRIAH, J. ( 1 ) PETITIONER was the complainant and respondents 1 to 3 were accused Nos. 1 to 3 respectively in C. C. No. 2010/87 on the file of the Special court for Economic Offences, Bangalore City, (for short 'the Special Court') C. C. No. 2010/87 arose out of a private complaint filed by the petitioner Corporation (hereinafter referred to as 'the complainant') against the respondents (hereinafter referred to as 'the accused') on 30-11-1987 alleging that the accused have violated the provisions of Sections 44 and 45 (2) of the Employees' State Insurance Act, 1948 (for short 'the Act') for which they are liable to be prosecuted for commission of an offence under clauses (f) and (g) of Section 85 of the Act for non-production of the documents mentioned against SI. Nos. 1 to 8 of paragraph-7 (b) of the complaint for scrutiny by the Inspector of the corporation as called upon in the notices dated 7-1-1987, 7-5-1987 and 20-8-1987 issued to the accused after he visited M/s. Gera Auto industries (P) Ltd. , Pecnya Industrial Area, bangalore-58 (hereinafter referred to as 'the factory') on 3-1-1986, 28-11-1986, 7-5-1987 and 1-6-1987. The documents referred to in para-graph-7 (b) of the complaint are: