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2015 Supreme(Raj) 349
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL AMBWANI and BANWARI LAL SHARMA, JJ.
Umesh Kumar Sharma – Appellant
Vs.
Prem Sagar Sharma & Anr. – Respondents
D.B. Cri. Misc.Contempt Petition No.3/2009
Decided On : 8.5.2015
Advocate Appeared:
Mr. S.L. Jain for the intervenor.
Mr. M.C. Bhoot, Sr. Advocate assisted by Mr. Arpit Bhoot for the respondents.
Headnote:
Indian Penal Code, 1860 - Sections 420, 467, 468, 471 & 120B – Criminal Procedure Code, 1908 - Section 210 and 408 - Negotiable Instrument Act - Section 138 - Contempt of Courts Act, 1971 - Section 15 - SARFAESI Act - Section 13(2) - Contemptuous and scandalous - Illegal gratification in rejecting the application -Application filed under section was rejected by the Judicial Magistrate, First Class on which an application was filed by contemner no.1 on ground that Judicial Magistrate, First Class has rejected application on being biased and corruptly adopting a procedure against applicant, by playing fraud and cheating him and to benefit complainant in connivance with Judicial Magistrate, who was also serving as Judicial Magistrate, First Class No.2 - Notices were served but since no one appeared bailable warrants were issued - Matter thereafter remained pending for last more than five years and has been adjourned repeatedly, after securing presence of contemners - Contemners were initially present on some of dates but thereafter they eluded appearance - Their counsel sought adjournment after adjournment for filing replies - Matter was adjourned on the request of contemners on which date, time was sought for filing reply to intervention application filed by represented through Advocate - Application was rejected by District and Sessions Judge and matter was referred to this Court for taking action for contempt of Court in making wild, scandalous and irresponsible allegations - Intervenor also filed an application before Advocate General at for grant of sanction and reference to Court for criminal contempt against Advocate under annexing several documents showing disrespect to glorious institution of law – Held, Contemners have pleaded unconditional apologies and thus Court do not propose to frame charges against them - In facts and circumstances of the case Court accept their apologies with a caveat that having full knowledge of the facts of case, they not only allowed proceedings to be dragged in High Court but also resorted to falsehood that no litigation is pending between contemner no.1 and Bank - Entire pleadings in a case under section 408 Cr.P.C. are not denied to be drafted by him Court find him guilty of his professional responsibility to the client and his duties towards Court - He has tried to get away from consequences of his legal advice and thereafter delayed hearing for which in our view imposition of costs for dragging proceedings in this Court for last more than five years and reference of his conduct to Bar Council of Rajasthan, will be sufficient deterrent - Registrar General will send a copy of this order to Bar Council of Rajasthan for drawing proceedings of misconduct against Advocate, District Court Premises in accordance with law and to inform result of proceedings to this Court within six months - Contempt petition is accordingly disposed of.
Sunil Ambwani, J.
1. This contempt petition was registered on a reference made by Shri Umesh Kumar Sharma, District & Sessions Judge, Sri Ganganagar vide his letter No.161/Sr.PA dated 15.5.2009 under section 15 of the Contempt of Courts Act, 1971, alleging contemptuous and scandalous allegations made in his Court by the contemners Shri Prem Sagar Sharma S/o Shri Satya Swami, resident of 22, Public Park, Sri Ganganagar, aided and abetted by Shri Krishan Kukkar, Advocate, District Court premises, Sri Ganganagar, in a transfer petition under section 408 Cr.P.C., by which the contemner no.1-Shri Prem Sagar Sharma sought transfer of a criminal case pending in the Court of Judicial Magistrate, First Class, Sri Ganganagar Shri Palvindra Singh.
2. Brief facts giving rise to this petition are that a criminal case under section 138 of the Negotiable Instrument Act was registered against the contemner no.1 Shri Prem Sagar Sharma as a Criminal Complaint no.501/07 Krishan Lal Kasania V/s Prem Sagar Sharma, which was pending. Shri Prem Sagar Sharma, contemner no.1 lodged a First Information Report No.103/07 dated 17th March, 2007 under sections 420, 467, 468, 471 & 120B IPC against Smt.Manju Gupta, Advocate, Navdeep Gupta, Vakilchand and Krishan Lal Kasania. The Criminal Complaint No.501/07 filed by Shri Krishan Lal Kasania against the contemner no.1 Shri Prem Sagar Sharma and his wife was transferred to the Court of Judicial Magistrate, Sri Ganganagar. On 11.9.2007, the contemner no.1-Shri Prem Sagar Sharma filed an application under section 210 Cr.P.C. in the Court of Additional Chief Judicial Magistrate, Sri Ganganagar, which was also pending with the complaint no.501/2007 Krishan Lal Kasania V/s Prem Sagar Sharma under section 138 of the Negotiable Instrument Act.
3. The application filed under section 210 Cr.P.C. was rejected by the Judicial Magistrate, First Class, Sri Ganganagar, on which an application was filed under section 408 Cr.P.C. by the contemner no.1 Shri Prem Sagar Sharma on the ground that Shri Palvindra Singh, Judicial Magistrate, First Class, Sri Ganganagar has rejected the application on being biased and corruptly adopting a procedure against the applicant, by playing fraud and cheating him and to benefit the complainant in connivance with Smt. Manju Gupta, Navdeep Gupta, Vakilchand, Satish Chand Jain and Smt. Sandeep Kaur, the wife of Shri Palvindra Singh, Judicial Magistrate, who was also serving as Judicial Magistrate, First Class No.2, Sri Gangangar. It was alleged that they also conspired with criminal intention through Smt. Manju Gupta, Advocate and obtained illegal gratification in rejecting the application.
4. The District and Session Judge, Sri Ganganagar rejected the application under section 408 Cr.P.C. and made a reference under section 15 of the Contempt of Courts Act, 1971 both against Shri Prem Sagar Sharma and his Advocate Shri Krishan Kukkar, who had drafted and settled the pleadings.
5. This Court issued notices of the contempt petition to both the contemners on 3.8.2009. The notices were served, but since no one appeared, bailable warrants were issued on 25.11.2009. The matter thereafter remained pending for last more than five years and has been adjourned repeatedly, after securing the presence of the contemners. The contemners were initially present on some of the dates, but thereafter, they eluded appearance. Their counsel sought adjournment after adjournment for filing replies. The matter was adjourned on the request of contemners on 29.11.2010, 07.01.2011, 08.04.2011 and 25.04.2011, on which date, time was sought for filing reply to the intervention application filed by Shri Krishan Lal Kasania represented through Shri S.L. Jain, Advocate.
6. In the application for intervention, it is stated by Shri Krishan Lal Kasania that he has filed a criminal complaint under section 138 of the Negotiable Instrument Act on 12.10.2006. On its service, the contemner no.1 Shri Prem Sagar Sharma and Smt. Va
