Bombay High Court
Mitesh S/O Indrapal Wahane vs Mrytunjay S/O Adityakumar ... on 4 March, 2022
Bench: A.S. Chandurkar, Mukulika Shrikant Jawalkar
1 cp34.18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CONTEMPT PETITION NO.34 OF 2018 [D]
IN
CRIMINAL WRIT PETITION NO.794 OF 2016 [D]
[Mitesh s/o Indrapal Wahane .vs. Mrytunjay s/o Adityakumar Bannerjee and others]
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Ms. M.A. Sharma, Adv. with Shri S.V. Purohit, Adv. for the petitioner,
Ms. B.Y. Reddy, Advocate for respondent nos.1 and 2,
Ms. H.N. Jaipurkar, AGP for respondent no.3/State.
..........
Coram : A.S. Chandurkar and Smt. M.S. Jawalkar, JJ.
Dated : March 04, 2022.
On 30th November, 2021, the Contempt Petition
was decided and the following order was passed :
(I) It is held that the respondent no.1 is
guilty of wilful breach of the
undertakings furnished by him to this
Court and hence has committed civil
contempt under Section 2(b) of the
Contempt of Courts Act, 1971.
(II) Considering the conduct of the
respondent no.1 as is clear from the
various undertakings given by him,
we are satisfied in terms of Section
12(3) of the Act of 1971 that
imposition of fine on the respondent
no.1 would not meet the ends of
justice. The conduct of the respondent
no.1 is such that though a sentence of
imprisonment is necessary, in the light
of Section 12(3) of the Act of 1971,
2 cp34.18.odt
he is directed to be detained in civil
prison for a period of one month.
(III) Considering the request again made
today by the respondent no.1 for
grant of some time, the sentence of
detention in civil prison shall be
executed after a period of six weeks
from today. If during the said period
of six weeks, the respondent no.1
honours the undertakings given by
him, the sentence of detention in civil
prison shall not be executed. Instead
it shall stand substituted by imposing
fine of Rs.2,000/- (Rupees Two
Thousand) to be paid by the
respondent no.1 within a period of ten
days thereafter. The period of six
weeks shall expire on 11.01.2022.
(IV) The Contempt Petition is allowed in
aforesaid terms with costs. Put up on
13.01.2022 for reporting compliance.
Order accordingly.
2. On 13.01.2022 it was submitted on behalf of
respondent no.1 that a Demand Draft for an amount of
Rs. Four Lakhs was forwarded to the petitioner and that a
cheque for the amount of Rs. Seven Lakhs dated 25.02.2022
was sent to the respondent no.1. The petitioner accepted
the Demand Draft for Rs. Four Lakhs. As it was found that
the cheque as tendered was payable after more than one
month, the respondent no.1 was directed to tender a cheque
of an earlier date. The respondent no.1 thus furnished two
cheques for the total amount of Rs.Seven Lakhs on
3 cp34.18.odt
24.01.2022. Since the second cheque for an amount of
Rs. Four Lakhs was dated 25.2.2022, time was granted to
enable the respondent no.1 to make that aforesaid payment.
3. Today pursis has been filed by the petitioner
stating therein that both the aforesaid cheques issued by the
respondent no.1 have been dishonoured for want of
sufficient funds. On 23.2.2022, the Contempt Petition was
adjourned and kept today and the respondent no.1 was
directed to remain present in the Court. He is however not
present in Court today.
4. From the aforesaid, it is clear that the respondent
no.1 has no regard for the undertaking furnished by him on
24.01.2022 as well as for the indulgence granted by the
Court. In view of aforesaid, the judgment dated 30 th
November, 2021 shall be executed in accordance with law.
Order accordingly.
5. The Registrar (Judicial) to take necessary steps
for implementing the judgment.
(Smt. M.S. Jawalkar, J.) (A.S. Chandurkar, J.)
Gulande
Signed By:ABHIMANYU
SHANKARRAO GULANDE
Private Secretary
High Court Nagpur
Signing Date:05.03.2022 16:41
