Atul Sudhakarrao Kavishwar v. Assistant Director Employees State Insurance Corporation, Ganeshpeth, Nagpur And Another

apl216.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 216 OF 2016 ( Atul Sudhakarrao Kavishwar..vs..Assistant Director.E.S.I.Corporation Ganeshpeth and another ) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : V.M. DESHPANDE, J.

DATED : JULY 5 , 2017 Heard Shri S.S.Ghate, learned counsel appearing for the applicant. By the present petition, the present petitioner is seeking quashing of criminal complaint filed on behalf of respondents in the Court of J.M.F.C. Nagpur on the ground that the present petitioner has already filed a proceeding before learned Employees Insurance Court and sought relief of stay of payment of contribution from the Industrial Court.

Shri V.P.Maldhure learned counsel for respondents has pointed out that the notices dated 23/8/2012 and 13/12/2012 which are subject matter of the proceeding before learned Employees Insurance Court in Case No.1/2013 filed after the prosecution against the present applicant was launched.

Further, the act of contravening the provisions of law constitute a different offence as contemplated under Employees State Insurane Act. No other ground was submitted

apl216.16.odt by learned counsel for applicant during the course of hearing. There is no merit in the application. Hence, the application is dismissed.

JUDGE kitey