JUDGMENT - D.D. SINHA, J.:---Heard Mrs. A.A. Agni, Counsel for the appellant. The respondent though served, none appeared for the respondents.

2.The criminal appeal is directed against the judgment and order dated 9th of November, 1998, whereby the Judicial Magistrate, First Class, Margao, acquitted the respondents accused for the offences punishable under section 85(i)(a) and (b) of the Employees' State Insurance Act, 1948.

3.The case of the prosecution in a nutshell is that the complainant is a Local Office Manager of E.S.I. Corporation.

4.Accused No. 2 is the proprietor and occupier of the factory in question and the establishment has been allotted Code No. 32-1014-92. Accused is required to pay contribution in accordance with sections 39 and 40 of the said Act at the rate specified in Rule 51 of E.S.I. Rules, 1950 read with Regulation 31 of the E.S.I. Regulations, 1950. The contribution required, is to be paid within 21 days of the wage period in which the contributions fall due. The accused have failed to pay the necessary contributions within the specific period i.e. from December, 1994 to June, 1996. Hence, the accused alleged to have committed offences punishable under section

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