KAMTA PRASAD Vs. RAM AGYAN

JUDGEMENT

(1.) This is an application by two persons, Lala Kamta Prasad and Shiva Sagar Pandey, residents of Kanpur asking the Court to take proceedings for contempt of Court, against the two opposite parties Ram Agyan and R.S. Singh, residents of Ghazipur. The applicants are concerned with a Firm Sri Ram Mahadeo Oil Mills, Kanpur : applicant 1 is one of its proprietors and applicant 2 is its Manager. Ram Agyan, opposite party 1 is the proprietor of Regal Talkies of Ghazipur and R.S. Singh, opposite party 2 is the brother of opposite party 1. On 23-4-1948 Ram Agyan, opposite party 1 purchased 14 ceiling fans and one table fan, all second hand, from Sri Ram Mahadeo Oil Mills for Rs. 1930-4-0 and paid Rs. 500 as part purchase money at once and promised to pay the balance at Ghazipur. A servant of the vendor was sent along with opposite party 1 to Ghazipur to fetch the balance. Ram Agyan, opposite party 1, gave a crossed cheque, dated 24 4-1948, for the balance of the price to the servant. The aforesaid cheque was sent for collection by the applicants but was returned with the remark that the payment had been stopped by the drawer. So far the facts are admitted. Opposite parties explained that what had happened was that, before they took delivery of the fans, they had got the fans tested in their presence but, when they opened the parcel at Ghazipur, they found that five fans were defective and were not the same as had been tested and so they stopped the payment of the cheque which they had given. However that may be, the applicant's case further is that as a transaction of sale had taken place through one Prem Shanker they sent Prem Shanker to Ghazipur to settle up the matter with opposite party 1. His efforts proved unsuccessful and Ram Agyan refused to pay the balance of the money. In this state of affairs, applicant 2, as a manager of the firm, filed a complaint on 18-5-1948 against Ram Agyan Singh, opposite party 1, under Section 406, Penal Code, for criminal breach of trust in the Court of Sri J. K. Pandey, Magistrate First Class, Kanpur. At first the learned Magistrate issued a bailable warrant but, as opposite party 1 did not appear on the date fixed, he issued a non-bailable warrant. Opposite party 1 was arrested in pursuance of the warrant but was released on bail on 12-8- 1948 when he appear, ed in Court. During this interval, however, that is to say, between 18-5-1948 and 12 8-1948 something else happened, which must now be stated.

(2.) On 19-6-1948 opposite party 2 sent a notice on behalf of Regal Talkies, Ghazipur, to Messrs Sri Ram Mahadeo Prasad, Proprietors, Oil and Flour Mills, Kanpur, of which firm applicant 1 is one of the partners. It is this notice which is the gravamen of the charge for contempt of Court against the parties. We set it out in full: <FRM>JUDGEMENT_317_TLALL0_1949Html1.htm</FRM>

(3.) It appears that the applicant did not respond to this notice. Thereafter Ram Agyan, opposite party 1, filed a complaint under Section 420, Penal Code, against the two applicants and after the arrest of opposite party 1 under the warrant issued in the applicant's complaint, opposite party 1 filed another complaint under Section 600, Penal Code, for defamation. The complaint of opposite party 1 under Section 420, covered the same ground as was disclosed in the notice already quoted. The second complaint of opposite party 1 under Section 500, was based on the defamatory allegations made in, and the defamation involved in, the arrest of opposite party 1 made in proceedings arising under the applicant's complaint under Section 106, Penal Code. The case for the applicant is that by issuing the notice and filing the two complaints the opposite parties have attempted to prevent the applicants from prosecuting their complaints under Section 406, and that this amounts to interference with the administration of justice and so a contempt of Court.