S A RAJAN Vs. A VENKATESAN

JUDGEMENT

(1.) THIS contempt appeal is directed against the judgment dated 14. 10. 1997 made in Contempt Application No. 154 of 1996, whereunder the appellants herein (respondents 3 and 4 in the contempt application), who are practicing advocates were found guilty of contempt under Section 14 of the Contempt of Courts Act, 1971, for having committed a fraud on the Court by false representation and withdrawing the suit without the knowledge of the contempt applicant, one A. Venkatesan, who is the respondent herein, and punished with simple imprisonment for a term of 30 days and 15 days respectively in addition to the fine of Rs. 2,000/- and Rs. 500/- respectively; the first respondent in the contempt application, V. Krishnan, was sentenced to undergo simple imprisonment for a term of six months and also to pay a fine of Rs. 2000/-; the second respondent in the contempt application, one M. S. Dhananjayan, the owner of the property/ seller, who is nonetheless the client of the appellants herein, was discharged in the contempt application

(2.) FOR better appreciation of the case, the following facts are stated in brief:

(3.) IT is important to note that throughout the contempt proceedings, the first respondent therein, V. Krishnan, the Principal/agreement Holder/purchaser, remained ex-parte and concededly, the memorandum dated 22. 12. 1995 was signed by V. Krishnan, namely the Principal/ Agreement holder/purchaser and the appellants herein, practicing advocates were not parties to the memorandum dated 22. 12. 1995.