DINESH KUMAR NANDA Vs. RAMESH RANTA

JUDGEMENT

(1.) By way of instant petition filed under S.12 of the Contempt of Courts Act, prayer has been made on behalf of the petitioner to punish the respondent for willful disobedience of judgment dated 12.1.2018 passed by this Court in Cr. Revision No. 182 of 2017, whereby this Court, having taken note of the undertaking given by the respondent that he would pay the entire amount of compensation in terms of the judgment passed by learned trial Court, on or before 21.8.2018, compounded the offence and set aside the judgments of conviction and sentence passed by learned Courts below.

(2.) Briefly stated the facts of the case, as emerge from the record, are that the petitioner-complainant (hereinafter, 'complainant') filed a complaint under S.138 of the Negotiable Instruments Act in the competent Court of law against the respondent-contemnor. In the proceedings referred to herein above, respondent came to be held guilty and accordingly was convicted and sentenced to undergo simple imprisonment for a period of one month and to pay compensation in the sum of Rs. 3.00 Lakh. Aforesaid judgment of conviction was upheld by learned Additional Sessions Judge, Shimla, whereafter, respondent approached this Court by way of Cr. Revision under S.397 CrPC, praying therein to set aside judgments of conviction recoded by learned Courts below.

(3.) On 12.1.2018, this Court having taken note of the undertaking given by the respondent that he would pay the amount of compensation on or before 31.8.2018 and also deposit 15% of the cheque amount with the HP State Legal Services Authority, proceeded to compound the offence and set aside the impugned judgments of conviction and sentence recorded by learned Courts below. Since the respondent failed to honour the undertaking given to this Court, complainant has approached this Court in the instant proceedings, seeking appropriate action against the respondent for willful disobedience of judgment dated 12.1.2018.