LAWS(APH)-1997-9-46

JAJU AND CO Vs. SHANTA DEVI DHOOT

Decided On September 18, 1997
JAJU AND CO. Appellant
V/S
SHANTA DEVI DHOOT, REP. BY HER POWER OF ATTORNEY, OM PROKASH DHOOT, HYDERABAD Respondents

JUDGEMENT

(1.) This Contempt Case is filed to prosecute the respondent for contempt of the Court for abusing process of the Court by filing false and frivolous complaints based on stolen and forged cheques, knowing fully well that such cheques are not genuine and they have been stolen and signatures have been forged therein and for filing false affidavit before the Court, suppressing the material facts and knowing fully well that the contents of the affidavit are false, frivolous and fabricated.

(2.) The facts of the case are that a criminal complaint was filed on the file of the II Metropolitan Magistrate, Hyderabad, u/Sec.138 of Negotiable Instruments Act. The learned Magistrate dismissed the complaint holding that there is no debt. The complainant has to file civil suit for recovery of capital amount and goodwill amount. Against that order Revision Petitions Nos. 80/95 & 81/95 were filed before the IV Addl. Sessions Judge, Hyderabad, and they were also dismissed confirming the order of the learned Magistrate. Assailing the order of the learned Sessions Judge, second Revision Petition was filed before this Court u/Sec. 482 Cr.P.C. This Court allowed Crl.P. No. 3764/95, holding-

(3.) The present petitioners are accused in that complaint. Thereafterwards the petitioners have filed a petition of being mentioned in the above Crl. Petition, which was dismissed by this Court on 6-3-97. Again they have filed a review petition to review the order of this Court. This was dismissed on 8-8-97. In the meanwhile the petitioners, who are respondents in the criminal complaint, filed a petition to quash the proceedings in Crl.P.No. 1160/97, which was also dismissed by this Court on 30-6-97. Thereafterwards the present petition is filed to prosecute the respondent for contempt of Court.