IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 Crl.MC.No. 1408 of 2009() ------------------------- I.C.9/2001 OF THE EMPLOYEES INSURANCE COURT, IDUKKI. .................... PETITIONER: --------------- C.SASIKUMAR,AGED 60,S/O.CHANDRASEKHARAN NAIR,BUSINESS,SREESAILAM,ETTUMANOOR. BY ADV. SRI.JOHNSON MANAYANI RESPONDENTS: --------------- 1. E.S.I CORPORATION,REP.BY ITS DIRECTOR, E.S.I CORPORATION,THRISSUR. 2. THE STATE OF KERALA REP.BY ITS STATE PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. R2 BY P.P.MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.1408 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 28th April, 2009 ORDER Petition is filed under Section 482 of the Code of Criminal Procedure. Petitioner is the accused in C.C.No.445/04 on the file of the Chief Judicial Magistrate Court, Thrissur. The above case arose from a complaint filed by the E.S.I.Corporation represented by its Inspector against the petitioner, Managing Partner of a Private Limited Company and also the company under his supervision and control, for non payment of the E.S.I.contribution for the period from 4/96 to 3/97 and 4/99 to 9/03 to the tune of Rs.1,65,718/- and for nonsubmission of the returns for the contribution periods which ended on 3/03 and 9/03, under Section 85(a) (e) and (g) of the E.S.I.Act. The above case, as evident from the statements made in the petition, after completion of the prosecution evidence, stands posted for questioning of the accused under Section 313 Cr.P.C. At this stage, the petitioner has filed the above petition seeking for quashing the proceedings in exercise of the inherent power of this court under Section 482 Cr.P.C. 2. I heard the learned counsel for the petitioner and also the learned Public Prosecutor. The petitioner is ready to settle the matter Crl.M.C.No.1408/09 - 2 - under one time settlement and he could not discharge the liabilities towards E.S.I.contribution earlier on account of financial difficulties, is the submission made for quashing the proceedings arising under the complaint, copy of which is produced as Annexure A2. Petitioner has produced along with the petition Annexure A1, a copy of the order passed by the E.S.I.Court negativing his challenges to the recovery notice issued by the E.S.I. authorities. But I find, prima facie, the concerns covered by Annexures A1 and A2 are different. The former is a proprietary concern of the petitioner, and the latter, a private limited company in which he is stated to be the Managing Director. In what way Annexure A1 will assist the petitioner to resist the prosecution emanating from Annexure A2 complaint has not been brought to my notice. The grievances canvassed by the petitioner under the petition as well as the submissions made by the counsel for quashing the proceedings covered by Annexure A2 complaint are found to be not worthy of any merit. The Petition is found to be not entertainable, and it is dismissed. srd S.S. SATHEESACHANDRAN, JUDGE