O P SINGLA Vs. LALIT JHAMB AND ANOTHER

JUDGEMENT

(1.) This contempt petition has been filed under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act, 1971, for punishing the respondents for willfully, deliberately and intentionally misstating and disobeying the order dated 23.07.2015 (Annexure P-1) passed by this Court in CRM-M No.23849 of 2015 and thereafter dishonouring the undertaking given by the respondents in Court on 01.09.2015 (Annexure P-2) in CRM No.27740 of 2015 in CRM-M No.23849 of 2015 that he would deposit Rs. 50 lakh with the Registrar of this Court in the name of the petitioner herein.

(2.) Briefly the facts are that the petitioner, a senior citizen and a practicing doctor at Ambala, the respondents being his patients knew that they were dealing in real estate business. They allured him with a fraudulent and deceitful intention to purchase 50 kanals of land at Village Kardhan, Tehsil and District Ambala at the rate of Rs. 1 lakh per kanal. Petitioner, believing the respondents, agreed to purchase the said land and made payment of Rs. 50 lakh by way of various cheques in the name of the respondents, which were encashed. When the petitioner insisted upon documents, the respondents prepared an agreement to sell for 8 kanals only and on insistence by the petitioner, they stated and assured that there has been some delay but promised to get the agreement to sell executed in full soon. Instead of transferring the land in the name of the petitioner or executing the agreement for sale, respondents demanded various amounts from the petitioner, which were paid through cheques on different dates. At times, they threatened the petitioner to cancel the special power of attorney, which had been executed in favour of the petitioner. Respondents, on one pretext or the other, had been delaying the matter, when ultimately the petitioner came to know that the respondents have sold the same land, which the petitioner was being promised, to one Surinder Gupta, who had got registered an FIR against the respondents. He, therefore, got registered FIR No.199 dated 26.06.2015 under Sections 406, 420, 383, 506, 120-B of IPC at Police Station Ambala Cantt. On registration of the FIR, respondents firstly approached the Sessions Court at Ambala seeking anticipatory bail, which was rejected by the learned Additional Sessions Judge vide order dated 15.07.2015.

(3.) Respondents then filed petition for grant of anticipatory bail in this Court bearing CRM-M No.23849 of 2015, which came up for hearing on 207.2015, when this Court on the statement given by the counsel for the respondents, on instructions from one Rohtash Chaudhary, who was a relation of the respondents, that the petitioners (respondents herein) were willing to deposit Rs. 50 lakh without prejudice to the rights in the controversy between the parties, issued notice of motion to the State believing the statement given by the counsel for the respondents and ordered that the needful be done within a period of one month and the amount of Rs. 50 lakh be deposited with the Registrar of this Court in the name of the complainant (petitioner herein), who shall retain the same in a fixed deposit and the arrest of the respondents shall remain stayed subject to certain conditions. The Court further made it clear that in the eventuality of the respondents not adhering to the statement made before the Court, they shall be liable for all consequences arising out of the misstatement made before the Court and shall also be construed as an obstruction in the course of justice.