IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT: THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL REVISION CASE No.1841 of 2009 BETWEEN: Smt. R.Vasantha, W/o. R.Easwar Rao, Aged about 45 years, Occ: Managing Director, M/s.Theja Granites (P) Limited, R/o.2-108, Gurunagar Colony, Chittoor - 517001 …Petitioner/Accused AND 1. The State of A.P., through Rep by the Public Prosecutor, High Court of A.P., Hyderabad 2. M/s.Employees State Insurance Corporation, 5-9-23, Hill Fort Road, Adarshnagar, Hyderabad …Respondents The Court made the following: THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINIAL REVISION CASE No.1841 of 2009 ORDER: The petitioner herein, has been charged by M/s. Employees State Insurance Corporation (ESI) for the offences under Section 85(a) of the Employees State Insurance Act, 1948 (‘the Act’, for brevity) for non-payment of contributions, as required under Section 40 of the Act. The petitioner’s case is that she did not receive the summons and somebody on her behalf might have received the summons and in the above circumstances, she could not appear before the lower Court. It is also her submission that during the relevant period, she was advised bed rest and therefore, she could not appear before the lower Court and the Non Bailable Warrant (NBW) issued against her may be recalled and cancelled. The learned Judicial Magistrate of First Class to try the offences under the ESI Act and Chairman, Industrial Tribunal – I, Hyderabad observed that the medical certificate filed into the Court does not disclose that she is having difficulty to move out and is not in a position to appear before the Court. Holding so, the petition filed by the petitioner was dismissed. However, it is observed that the petitioner is advised to appear before the Court and get the warrants recalled. Challenging the said order, this revision is filed. The revisional powers have to be exercised to verify the correctness, legality or propriety on any finding, sentence or order. The learned counsel for the petitioner submitted that the petitioner was suffering from ill health and she has filed the medical certificate to that effect and the same was not considered by the lower Court. The only point that arises for consideration is, whether there is any irregularity or illegality in the order passed by the lower Court. A perusal of the medical certificate reveals that the medical certificate was issued on 21.09.2009 showing that the petitioner was treated as outpatient on 20.09.2009, and that she was advised bed rest for about two months from 20.07.2009. The contents of the above medical certificate create any amount of doubt with regard to the genuineness of the said certificate. Anyhow, the certificate does not disclose that the petitioner cannot move and that she cannot undertake travel. Therefore, the contentions of the petitioner cannot be accepted. The lower Court appears to be justified in dismissing the petition filed by the petitioner. I do not find any reason to interfere with the order passed by the lower Court. As observed by the lower Court, the petitioner is directed to surrender before the lower Court and file a petition to recall the NBW and the same may be considered by the lower Court in accordance with law. Subject to the above observation, the Criminal Revision Case is dismissed. ________________________ (JUSTICE B.CHANDRA KUMAR) November 09, 2009 BVV