(Contempt Petition filed under section 12 of Contempt of Courts Act, 1971, to punish the respondent for wilful disobedience of the order of this Court in Crl.O.P.No.22322 of 2005 dated 24.08.2005.)

Order:

Learned Senior Counsel for the petitioner argued that when para 55 of the judgment in 2005(3) CTC 480 (Y.Vijayalakshmi @ Rambha ..vs.. Manickam Narayanan) envisaged that a complaint under section 138 of Negotiable Instruments Act shall be filed by the payee himself along with other conditions, the non-compliance of the first and foremost condition, namely, that "the complaint shall be signed by the payee himself", will not only make the complaint irregular; but also will show that the Magistrate, who has taken it on file, has committed wilful disobedience of the direction of the High Court, amounting to contempt.

2. The learned senior counsel would also rely upon AIR 1955 Allahabad 161 (Sessions Judge, Meerut ..vs.. City Magistrate, Meerut), wherein it was observed as follows:

"It is not for the superior courts to say under what law they have issued the directive. The subordinate courts should presume for the time being, unless the contrary appears, that the order is lawfu