CRIMINAL MISCELLANIOUS No.12254 OF 2004 ********** In the matter of an application under Section 482 of the Code of Criminal Procedure. ********** 1. S.C. GUPTA @ SATISH CHANDRA GUPTA, R/O ANNASALAI, P.S. ANNASALAI, DISTRICT- CHENNAI. AT PRESENT CHAIRMAN CUM MANAGING DIRECTOR OF INDIAN OVERSEAS BANK. 2. S.N. MISHRA @ SATYA NARAYAN MISHRA, R/O NUAPALI, BHUBANESHWAR P.S. BHUBNESHWAR, DISTRICT ORRISA THE THEN SENIOR REGIONAL MANAGER, INDIAN OVERSEAS BANK, NASIMA BUILDING, WEST GANDHI MAIDAN PATNA AND AT PRESENT CHAIRMAN, PURI GRAMIN BANK, ORRISA. --------------------------(Appellants) Versus 1. THE STATE OF BIHAR 2. LABOUR ENFORCEMENT OFFICER, CENTRAL, MAURYA COMPLEX 2ND FLOOR, A-BLOCK, ROOM NO. 6 & 16, PATNA-80000 -----------------------(Respondents) ************ For the Petitioners : 1. Mr. Ram Bulak Mahto, Sr. Adv. 2. Mr. Ajay Adv. For the State : Amarendra Prasad APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The petitioners seek quashing of the order dated 28.3.2003 passed by the learned Chief Judicial Magistrate, Patna in complaint case no. 665 (M) of 2003 by which cognizance has been taken under Section 9 (i) and 9 (ii) read with section 11 of the Payment of Gratuity Act. 2. By an order dated 25.10.2005 notices were issued to the opposite party no. 2 and despite service of notice did not appear as has been noted in the order dated 5.01.2006 on which date this application was admitted for hearing with an interim order of stay of further proceedings in the court below. It appears that opposite party no. 2 has appeared but has chosen not to be present in Court today. 3. The case of the complainant who was the labour enforcement officer, Patna is that when he inspected the office of the Indian Overseas Regional Bank located at Nasima Building, West Gandhi Maidan Patna, on 7.12.2001 he found some irregularities in the office, which contravened the provisions contained in Rule 3 (1), Rule 3 (2), Rule 4 (i), Rule 20 and Rule 7 (3) of the Payment of Gratuity (Central Rules, 1972) and therefore, held the petitioners liable for the same since they happened to be the Chairman cum Managing Director of Indian Overseas Bank, Chennai, Sri S.N. Mishra Regional Manager, Indian Overseas Bank, Nasima Building, West Gandhi Maidan, Patna respectively. 4. The submission of the counsel for the petitioners is that if at all allegations in the complaint is to be believed, some of the irregularities were rectified even before the institution of the present case on 28.2.2003, whereas rest by 4.6.2003. The further submission is that even though the inspection is said to have been done on 7.12.2001 the present complaint has been instituted only on 28.2.2003 i.e. much beyond the period of limitation. Since the opposite party no. 2 has chosen not to appear before this court, I accept the submission of the petitioners that all the irregularities have now been set right and there is no need for further continuance of this prosecution which is nothing but an abuse of the process of the court in passage of time. 5. In view of such, this application is allowed and the entire proceedings including the order dated 28.3.2003 passed by learned Chief Judicial Magistrate, Patna in connection with complaint case no. 665 (M) of 2003 is hereby quashed. 6. Application is stands allowed. ( Anjana Prakash, J.) Patna High Court, Patna Dated the 19th July, 2010 NAFR/ Fahad.