S.R.CHANDRASEKARN Vs. S.R.SIVALINGAM

JUDGEMENT

(1.) This contempt petition is filed to punish the respondent for contempt in misrepresenting the order passed in Crl.O.P.No.8100 of 2019 dated 16.04.2019 before the Judicial Magistrate-I, Tindivanam in C.C.No.1 of 2018.

(2.) The learned counsel for the petitioner submitted that the petitioner initiated proceedings for the offence punishable under Section 138 of Negotiable Instruments Act against the respondent in C.C.No.1 of 2018 on the file of the Judicial Magistrate-I, Tindivanam While pending the trial, the respondent filed application in CMP.No.54 of 2009 under Section 91 of Cr.P.C. for production of income tax returns of the petitioner for the purpose of disproving the transaction. The said petition was dismissed by the trial court by an order dated 31.01.2019, against which the respondent filed petition under Section 482 of Cr.P.C. in Crl.O.P.No.8100 of 2019 before this Court. This Court also dismissed the said petition by an order dated 16.04.2019 and also directed the trial court to complete the trial proceedings as directed by this Court in earlier proceedings by four months from the date of receipt of order. Unfortunately, the respondent and also his counsel appeared before the trial court and filed memo on 23.04.2019 stating that this Court allowed the Crl.O.P.No.8100 of 2019 by an order dated 16.04.2019. Further the respondent filed affidavit before the trial court stating that this Court allowed the Crl.O.P.No.8100 of 2019 on 16.04.2019 with a direction that the petitioner / complainant has to produce income tax returns, thereby committed contempt of this Court and prayed for punishing the respondent.

(3.) The learned counsel for the respondent filed counter and submitted that the junior counsel Mr.Sivachandran informed him that the petition in Crl.O.P.No.8100 of 2019 was allowed by this Court. On the information, he instructed the counsel who appeared before the trial court and filed memo on 23.04.2019 as if this Court allowed the petition. On receipt of the memo, the trial court adjourned the case to 03.05.2019 for production of order copy. Unfortunately, the order copy was not made ready and as such the trial court insisted him to file an affidavit. Therefore, he filed an affidavit stating that this Court allowed the petition and directed the petitioner / complainant to produce income tax return. Therefore, no wrong committed by him and prayed for dismissal of the contempt petition.