Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3590 of 2019 Applicant :- Vishwapal Singh Opposite Party :- Sri Pawan Tiwari, Special Judge/ M.P., M.L.A.
Counsel for Applicant :- Rajesh Kumar Dubey
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 23.07.2018 passed in Application U/s 482 No.23787 of 2018 (Vishwapal Singh v. State of U.P. & Anr.). For ready reference the order dated 23.07.2018 is quoted as under:-
"Heard learned counsel for the applicant and learned A.G.A.
Bearing in mind the nature of the order, which this Court proposes to pass, this Court need not put the opposite party no. 2 to notice since his rights shall not be prejudiced.
The applicant, who is the complainant, seeks expeditious disposal of Complaint Case No. 2952 of 2016 (Vishwapal Singh Vs. Bijendra Singh @ Chaudhary Bijendra Singh), P.S. Banna Devi, District Aligarh alleging commission of offences under Section 138 N.I. Act.
Bearing in mind the fact that the matter has been pending right from 2015 and that the order sheet does not indicate any substantial progress having been made, this application shall stand disposed of with a direction to the Additional Chief Judicial Magistrate IX, Aligarh to endeavour to dispose of the complaint case with expedition and preferably within a period of six months from the date of production of a certified copy of this order.
The Court further provides that the concerned Magistrate shall bear in mind the principles laid down by the Supreme Court in M/s. Meters And Instrument (P) Ltd. & Anr. Vs. Kanchan Mehta, (2018) 1 SCC 560 for the purposes of disposal of the complaint case referable under Section 138 of Negotiable Instruments Act."
The aforesaid order was corrected by the Court on 14.9.2018 with following effect:-
"Order on Crl. Misc. Application No. 3 of 2018 Correction application is allowed.
In second line of the fourth paragraph of the order dated 23 July 2018, the figure "2015" shall stand deleted and be substituted by figure "2016".
The certified copy of the order already issued be corrected accordingly."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have 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 parties to comply with the aforesaid order of the Court within three months from the date of production of a certified copy of this order and if necessary day to day hearing may be ensured in the matter.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties 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 stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant 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 parties within the stipulated time as aforementioned.
Order Date :- 29.5.2019 SP/