1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPEAL NO. 227 OF 1999 Employees' State Insurance Corporation, through it's Manager K.P. Jose, Local Office, Oppo.City Pest Office, appellant/or. Nagine Ghat Road, Nanded. complainant versus Shri Gangadhar Paunak, Proprietor, r/o Vasant Nagar, House No.1-9-724, Opp.Rajashri Respondent/ Shahu Vidyalaya, Nanded. ori.accused. ---- None present for the appellant. Shri S.V.Kurundkar, Advocate for the Respondent. ---- Coram : P.R. Borkar, J. Date : December 3, 2009 Oral Judgment 01. Advocate Shri S.V. Kurundkar took me through the record and the judgment delivered by learned Chief Judicial Magistrate, Nanded, in S.C.C. No.1631 of 1995 decided on 16.11.1998, whereby Respondent was acquitted 2 of the offences punishable under Section 45 reazd with Section 85 (g) of the Employees State Insurance Act, 1948. 02. It is the prosecution case that present respondent was the proprietor of Hotel Amrat, Airport Road, Nanded and had not complied with provisions of Section 45 of the Act and thus committed offence punishable under Section 85 (g) of the Act. The only evidence is that of the complainant. It is pointed out that one Madhav Jadhav was present in the hotel as manager and complaint was filed against present Respondent. However, there was no record to show that he was the proprietor. On the other hand, the notice issued showed that one Kondiba Nilkanth Jadhav was the Principal Employer who is not made accused. It is also stated that the show cause notice was given to the said Kondiba as the principal employer and to the present respondent as proprietor and this is contradictory. Though accused-respondent was shown as employer, no notice was served on him in person. For all above reasons, the order of acquittal recorded. 3 03. After considering the reasons given by the learned Judge, in my opinion, the view taken by him is a reasonable and probable view based on record and therefore needs no interference. 4. Hence, appeal is dismissed and order of acquittal is confirmed. pnd/criapl227.99 (P.R.BORKAR, J.)