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1979 Supreme(SC) 233

A.D.KOSHAL, S.MURTAZA FAZAL ALI
Pushpaben – Appellant
Versus
Narandas V. Badiani – Respondent


Advocates:
B.L.VARMA, C.S.Singh, J.C.Bajani, M.MUDGAL, M.N.SHROFF, P.H.Parekh, V.S.DESAI

Judgment

FAZAL ALI, J. :- This is an appeal under S. 19 of the Contempt of Courts Act (hereinafter called the Act) against an order of the High Court of Bombay convicting the appellants for a Civil Contempt and sentencing them to one months simple imprisonment. The facts of the case have been fully detailed by the High Court and it is not necessary for us to repeat the same all over again. It appears that Respondent No. 1 had given a loan of Rs. 50,000/- to the appellants on certain conditions. Somehow or other, the loan could not be paid by the appellants as a result of which respondent No. 1 filed a complaint under Sec. 420, I. P. C. against the appellants. While the complaint was pending before the Court of the Magistrate, the parties entered into a compromise on 22-7-71 under which the appellants undertook to pay the loan of Rs. 50,000/- with simple interest @ 12% per annum on or before 21-7-1972. An application was filed before the Court for allowing the parties to compound the case and acquit the accused. The Court after hearing the parties, passed the following order:

"The accused has given an undertaking to the court that he shall repay the sum of Rs. 50,000/- to the complain










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