Criminal Misc. No.216-MA 2005 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.216-MA 2005 Date of decision : 20.8.2008 Employees State Insurance Corporation .....Appellant Versus Satish Kumar and another ...Respondents **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: None S. D. ANAND, J. Employees State Insurance Corporation (hereinafter referred to as “Corporation”) launched a prosecution under Section 85(a) of the Employees' State Insurance Act, 948 (hereinafter referred to as “ESI Act”) against respondents-accused on the allegation that respondent no.1, as proprietor of respondent no. 2 firm and also principal employer incharge of establishment, had failed to pay the ESI contribution for the wage period from October 1995 to September, 1996. The plea did not find favour with the learned Trial Court, which recorded that “there is no evidence to prove that the show cause notice Ex. PA was ever sent to the accused as no postal receipt has been produced on the record. The prosecution is required to prove that the accused has not deposited the contribution for the period in question. The prosecution has examined only one Criminal Misc. No.216-MA 2005 -2- **** witness CW1 Shri J.P.Puri, Insurance Inspector, who has stated in his cross-examination that he cannot say as to if any amount was due against the accused or not. He has stated that he has never inspected the record relating to the accused concern. He has also stated that he has never visited the premises of the accused.” The above finding is relatable to the evidence obtaining on the file. The view taken by the learned Trial Court, and also reasoning recorded in support thereof, is in order and does not call for any interference. Dismissed. August 20, 2008 (S. D. ANAND) Pka JUDGE Note: Whether to be referred to Report : Yes/No