/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 176 OF 2006 Employee State Insurance Corporation ...Applicant Vs. Shri Jagdish J. Khainani & Ors. ...Respondents --- Shri H.V. Mehta for Applicant Shri U.V. Nikam APP for State. ---- CORAM: V.M. KANADE J. DATED 17TH NOVEMBER, 2008 P.C. 1. Heard Shri Mehta, learned Counsel appearing on behalf of the Union of India. 2. This is an application for leave to file appeal. The Applicant is challenging the judgment and order passed by the Trial Court. The Trial Court has acquitted the Accused for the offence punishable under section ESI Act. 3. The Trial Court has acquitted the Accused on the ground that while granting sanction to prosecute the accused all the relevant documents were not placed before him. It is a settled position in law that while obtaining sanction to prosecute under the ESI Act, the Sanctioning Authority has to ascertain (a) whether the accused was covered under the Act; (b) whether the contribution had been made and (c) whether the returns have been filed. / 2 / 4. Prima facie case is made out for grant of leave. Leave is granted. Appeal is admitted. V.M. KANADE J.