The Magistrate companyvicted the respondent till rising of the Court and imposed fine of Rs.500/ with default stipulation.
In an adjudication proceeding under Section 7A of the Act, with regard to provident fund claims of the respondent, the Assistant Provident Fund Commissioner filed a companyplaint on 22.06.2001 before the Judicial Magistrate First Class under Section 228 IPC, that the respondent had obstructed and interfered with the proceedings by abusing the Presiding Officer, and rushed to assault him, but the companyplainant was saved by the office staff.
Aggrieved, the respondent moved the High Court in a revision application leading to the impugned order, thus the present appeal.
In appeal, preferred by the respondent, the Sessions Judge while maintaining the companyviction released him under the Probation of Offenders Act, 1958 on an undertaking of good behavior for a period of one year.
By the impugned order, the respondent has been acquitted of the charge under Section 228 of the Indian Penal Code on the premise that the adjudication proceedings under Section 7A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 hereinafter for short the Act number being before a companyrt, the companyplaint itself was number maintainable.
NAVIN SINHA, J. The appellant is aggrieved by order dated 30.01.2009 in Criminal Revision No.445 of 2007.
