IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 21574 of 2009(Q) --------------------------------------- CC.445/2004 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR .................... PETITIONER(S): --------------------- C. SASIKUMAR, S/O.CHANDRASEKHARAN NAIR, AGED 68, BUSINESS, SREESAILAM, ETTUMANOOR. BY ADV. MR.JOHNSON MANAYANI RESPONDENT(S): ------------------------- 1. THE EMPLOYEES' STATE INSURANCE CORPORATION,REP.BY ITS DIRECTOR E.S.I. CORPORATION,TRICHUR. 2. THE RECOVERY INSPECTOR, OFFICE OF THE RECOVERY INSPECTOR, SOUTH ZONE, E.S.I. CORPORATION, J.P.TRUST TOURIST HOME, PAIKADA ROAD, KOLLAM. R2 BY GOVERNMENT PLEADER MR.B. VINOD. R1 BY ADV. SMT.T.D. RAJALAKSHMI, SC, ESI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No.21574 OF 2009 =========================== Dated this the 7th day of August,2009 JUDGMENT This petition is filed under Article 226 and 227 of Constitution of India by the accused in C.C.445/2004 on the file of Chief Judicial Magistrate Court, Thrissur to quash Ext.P2 complaint filed by first respondent based on which cognizance of the offence was taken by the Magistrate under section 85(a) (e) and (g) of ESI Act. Learned counsel appearing for the petitioner submitted that petitioner is prepared to pay the entire amount due, under the Amensty Scheme. Learned counsel appearing for the first respondent submitted that the period of Amensty Scheme is already over and still if the petitioner deposits the entire amount due inclusive of interest as provided under the Scheme within one month, it could be treated as payment under the Amensty Scheme. Learned counsel also submitted that if such payment is made, the matter will be reported to the concerned Chief Judicial Magistrate, Thrissur. Recording the submission, petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- 2 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006