R SACHDEV Vs. PRESIDING OFFICER, DISTRICT CONSUMER FORUM

JUDGEMENT

(1.) THIS is a hard case where an old man was awarded three months imprisonment under Section 228, IPC only for misbehaving with the President and Members of the District Forum as he lost his temper. The Judges should neither be too touchy nor too sensitive nor should get offended as to their dignity. The appellant is very old and is stated to be in depression.

(2.) ON the face of it, the impugned order is beyond jurisdiction and is illegal. Section 345 Cr. P.C. prescribes the procedure in certain case of contempt and reads as under:

(3.) IN the instant case, the District Forum has while invoking its power as Judicial Magistrate has taken cognizance of an offence under Section 228, IPC and without trial has awarded sentence which is prescribed under Sec. 288. Had the District Forum intended to put the appellant on trial, it would have followed the procedure of trial. Otherwise, under the provisions of Section 345, Cr.P.C. it should have at any time or before the rising of the Court on the same day taken cognizance of the offence and, after giving the appellant a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to fine not exceeding two hundred rupees and in default of payment of fine, to simple imprisonment for a term which may extend to one month.