0704 02 Contempt of Court Case : Pushpaben Vs Narandas V Badiani
29 March 1979
Case Name: Pushpaben Vs Narandas V Badiani
Bench:
Syed Murtaza Fazalali
A D Koshal
Citation
1979 AIR 1536
1979 SCR (3) 636
1979 SCC (2) 394
Laws Included Contempt of Courts Act-Section 12(3)-Scope of-Sentence
of imprisonment-When should be awarded in civil contempt.
Facts
The respondent had given a loan of Rs.1 lakh on certain conditions. 50,000/-. paid in one way or another, but the loan could not be repaid by the appellants.
As a result of which the respondent no. 1 filed a complaint under Section 420 of IPC, against the appellants.
While the complaint was pending before the Magistrate's Court, the parties entered into a compromise on 22 Jul 1971 under which the appellants paid Rs. 50,000/- payable on or before 21 Jul 1972 with simple interest at the rate of 12% per annum.
After that, an application was filed in the court for the parties to compound the case and acquit the accused.
After hearing the arguments of the parties, the court made the following order gave
The accused has given an undertaking to the Court as stated above that he will return to the complainant the sum of Rs. 50,000/- with interest on or before 21 Jul 1972.
In view of the undertaking, It allowed, Compromise and acquit the accused.
It is clear that the court allowed the parties to join the case only because of the assurance given by the appellants.
Subsequently, it appears that the undertaking was breached and the loan amount was not paid to the defendant no.1 at all. Hence the respondent approached the High Court for contempt of court proceedings against the appellants, resulting in the present proceedings against them.
Judgement
Judge Fazal Ali , this is an appeal under S. 19 of the Contempt of Court Act against the Bombay High Court order convicting the appellant for civil contempt.
Simple imprisonment of one month was awarded.
No comments:
Post a Comment