Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3693 of 2019 Applicant :- Kamla Kant Nayak Opposite Party :- Lal Bhadur Gaund, Additional Chief Judicial Magistrate And Another Counsel for Applicant :- Ashish Kumar Pandey
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 30.6.2017 passed in Application U/S 482 No.17842 of 2017 filed by the applicant, the Court directed as under:
"Present application has been filed with a prayer that the Court below i.e. Additional Chief Judicial Magistrate Court No.2, Jhansi be directed to expedite the hearing and decide the Complaint case no. 391 of 2016 under Section 138 N.I. Act, P.S. Kotwali, District Jhansi within a time bound period.
In the facts and circumstances of the case, the present application is finally disposed of with the direction to the Additional Chief Judicial Magistrate Court No.2 Jhansi to expedite the hearing of the aforesaid case and decide the same on its own merit, in accordance with law, expeditiously within 9 months provided there is no legal impediment and no unnecessary adjournments shall be granted to the parties.
With the aforesaid observations/ directions, the present application is finally disposed of."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party no.1 but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party no.1 to comply with the aforesaid order of the Court and hear the matter on day-to-day basis, if it is required, and finalise the same within four months from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelop within a week thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
Order Date :- 30.5.2019 RKP