HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.3282 of 2008 Date: July 29, 2010 Between: S. Chandraprakash. … Petitioner And 1. Employees State Insurance Corporation, rep. by its Insurance Inspector (Legal)- J. Shiva Shanker and another. … Respondents * * * HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.3282 of 2008 ORDER: The petitioner is accused of offence punishable under Section 82 of the Employees’ State Insurance Act, 1948 (in short, the Act) for non- payment of contribution as employer. A demand notice was issued for such payment. The petitioner filed EIC.No.28 of 2003 in the lower court questioning the same under Section 75 of the said Act. The said case was dismissed by the lower court. Thereupon, the first respondent/Corporation filed P.C. No.46 of 2003 against the petitioner for his prosecution. As against dismissal of E.I.C. No.28 of 2003 the petitioner filed C.M.A. No.602 of 2007 in this Court. It is stated that the said appeal is pending in this court. 2. The petitioner’s counsel stated that in pursuance of the orders therein, he deposited Rs.70,000/- in the lower court. Apart from that, the petitioner paid Rs.47,913/- and Rs.47,000/- by way of two demand drafts to the first respondent towards contribution for the subsequent period. It is stated that now he is regular in payment of the contribution amount. 3. This Court previously in Criminal Petition No.5451 of 2006 quashed proceedings in another P.C. No.136 of 2004 on similar grounds. Since the petitioner paid major part of the demand and since there is stay pending in C.M.A. No.602 of 2007 granted by this Court, this Court is of the opinion that criminal proceedings against the petitioner cannot go on. 4. In the result, the criminal petition is allowed quashing proceedings in P.C. No.46 of 2003 on the file of Judicial Magistrate of the First Class-cum-Industrial Tribunal–I, Hyderabad. The first respondent is at liberty to file fresh proceedings in case the petitioner is unsuccessful in C.M.A. No.602 of 2007. ___________________________________ SAMUDRALA GOVINDARAJULU, J Date: July 29, 2010. BSB