APEAL.52-01 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 52 OF 2001 Employees State Insurance Corporation, Mumbai ...Appellant Vs. Sayed Mohmed Hussein and Ors. ...Respondents *** None for the Appellant. Mr. A. M. Ansari & Nosreen Ayabi, for Respondent Nos. 1 and 2. Mr. P. S. Hingorani, APP for Respondent-State. *** CORAM: V. M. KANADE J. DATE : SEPTEMBER 6, 2010 P.C. 1. None appears on behalf of the appellant. The appellant Employees State Insurance Corporation has challenged the order dated 23th August, 1999 passed by the learned Metropolitan Magistrate, 25th Court, Mazgaon, Mumbai, whereby the learned Magistrate was pleased to acquit the respondent Nos. 1 and 2/accused of the offence punishable under S. 85(g) of the E.S.I. Act. 2. A complaint was filed against the accused alleging that they APEAL.52-01 - 2 - had not produced the relevant record for inspection under S. 45 of the ESI Act and thereby committed the offence under S. 85(g) of the said Act. The trial Court has relied on the judgment of “Common Cause” and observed that the accused was regularly attending the Court but the witnesses were not coming forward and even particulars of the offence were not explained to the accused. It is therefore apparent, apart from acquitting the accused on the basis of “Common Cause” judgment, the learned Magistrate has also acquitted him under S. 258 Cr.P.C. In my view, there is no infirmity in the order passed by the trial Court and as such, there is no need to interfere with the impugned order. The criminal appeal is therefore, dismissed. [ V. M. KANADE J.]