IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 CRL.A.No.743 of 2001 (C) ------------------------------ ST.1881/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM. .................... APPELLANT/COMPLAINANT: --------------------------------- ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, OFFICE OF THE REGIONAL PROVIDENT FUND- COMMISSIONER, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. RESPONDENT/RESPONDENT: ---------------------------------- SRI.K.RAVEENDRAN, PROPRIETOR, RICHMOND APPARELS, RAJADHANI BUILDING, EAST FORT, THIRUVANANTHAPURAM. BY ADV. SRI.B.JAYASURYA PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ Crl. Appeal No.743 of 2001 ------------------------------------------------ Dated this the 1st day of February, 2008 JUDGMENT This is appeal filed by the Enforcement Officer, Employees Provident Fund Organization against acquittal of the respondent vide order impugned of an offence under Section 14(1A) of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 for the reason that the amount due to be remitted by the first respondent towards contribution has been remitted after filing of the complaint. 2. A batch of cases against the very same respondent filed by the very same appellant was allowed by this Court remanding the matter to be disposed of according to law as in those cases also the court below was acquitting the first respondent for the reason that the amount defaulted towards contribution to the employees provident fund has been remitted Crl. Appeal No.743 of 2001 -2- subsequently. It was observed by this Court that, that was not the manner of disposal required in a criminal case and what is to be looked into and considered is as to whether the offence alleged is really committed and whether the prosecution is successful in establishing the offence alleged. Considering the manner in which the first respondent is acquitted in this case, the very same course is to be adopted for disposal of this appeal as well. 3. In the result, I set aside the order of acquittal assailed in this appeal and remit the case back to the court below for disposal afresh according to law. The parties shall appear in the court below on 18/03/08 and the court below shall dispose of the matter as expeditiously as possible considering the fact that this is a case of 2000. Parties shall be at liberty to produce a copy of this judgment Crl. Appeal No.743 of 2001 -3- in the court below to expedite disposal. 4. This Criminal Appeal is thus allowed by way of remand. K.P.BALACHANDRAN, JUDGE kns/-