ANIRUDHA KISAN FULMALI Vs. AMIT UMRAOCHAND JAIN

JUDGEMENT

(1.) Mr. Anirudha Kisan Fulmali, learned Metropolitan magistrate, 33rd Court, Ballard Pier, Mumbai has submitted reference under section 15 (2) of the Contempt of Courts act, 1971 to this court praying that respondent 1 contemnor Amit Umraochand Jain, original complainant, (contemnor for convenience) be dealt with as per the provisions of the Contempt of Courts Act, 1971 for the disregard and disrespect shown by him to the court on 13th November, 2007 in his court.

(2.) The gist of the Reference needs to be stated. Criminal Case No. 5249/ss/07 in which the contemnor is the complainant was posted for hearing on 13th november, 2007 before learned Magistrate. The complaint is filed under section 138 of the Negotiable Instruments act, 1881. The contemnor took proceedings of the said case in his custody to see verification statement. He saw that the cheque amount was mentioned as Rs. 40,000/ -. Suddenly he scored last zero of Rs. 40,000/-to make it Rs. 4,000/-without giving chance to Mr. Pramod Jadhav, Clerk to prevent him from doing so. Mr. Pramod Jadhav asked him as to why he had scored last zero of Rs. 40,000/ -. He warned the contemnor that he had tampered with the court record. Mr. Pramod Jadhav asked him to sign there and put date below his signature. Accordingly contemnor put his signature and put date 13th November, 2007 below his signature. Mr. Pramod Jadhav brought this fact to the notice of learned Magistrate. Learned Magistrate asked for an explanation from the contemnor. When learned Magistrate asked the contemnor about the scoring and tampering of court proceedings, the contemnor made comments derogatory to learned Magistrate. When the judicial work was going on, he behaved adamantly and arrogantly. He threatened learned Magistrate that he would report the matter to learned Chief Justice and that he would also go to the press so that learned Magistrate will have to tender apology to him. Contemnor further stated that he will however not tender any apology. Learned Magistrate has stated that he tried to pacify the contemnor, but in vain. Learned Magistrate has quoted the derogatory remarks made by the contemnor.

(3.) On this petition, Rule was issued on 12th June, 2008. Notice was issued to the contemnor. The notice was served on the contemnor. On 8th April, 2009, time was sought to file reply by learned counsel for the contemnor. On 22nd April, 2009, contemnor appeared in our court. We must note that on that day, which was the first effective date of hearing, the contemnor admitted that he had made the statements which are quoted by learned Magistrate in his Reference. He tendered unconditional apology before us and stated that he will file an affidavit to that effect. The petition was adjourned to 24th April, 2009. The contemnor accordingly filed affidavit dated 23rd April, 2009. In the affidavit he has stated that he is suffering from Bipolar Disorder and on several occasions he is not in a position to understand the implications of his actions. He has stated that he did not have and never had any intention to commit contempt. He has stated that he was under treatment for Bipolar Disorder since year 2002. He has further stated that initially he was being treated by Dr. Ashish Sheth, M. D. and since the year 2004 he has been under the treatment of Dr. Bharat vatwani. A copy of the medical certificate issued by Dr. Bharat Vatwani dated 23rd April, 2009 had been filed in this court. We may quote the relevant paragraphs of his affidavit as under :