A N Ravi Kumar & Others vs B Manjunath

Prasanna B. Varale, CJ

On the earlier date i.e., 20.10.2022, the accused-respondent was present before this court and the learned counsel representing the accused submitted before this court that the accused is facing some financial difficulties. It was further submitted that the accused, to show his bona fide, would deposit the amount in parts and within three weeks the accused would deposit the entire amount as directed in the order dated 18.12.2021, passed by the learned Single Judge in W.P.No.9617/2019. The above referred submission made before this court was accepted as an undertaking. The contempt was adjourned to 15.11.2022. On the next scheduled date, due to paucity of time, the matter could not be heard and it was directed to be listed on 24.11.2022. Accordingly, it is listed before this court today.

The accused-respondent is present before this court and the learned counsel representing the accused submits that the accused is unable to make the payment as accepted by him by way of undertaking submitted to this court on 20.10.2022.

It may not be out of place to state that the learned Single Judge vide order dated 18.12.2021, called upon the petitioner to deposit Rs.24,00,000/-and further directed the petitioner to deposit 50% of the amount within six weeks. It is not in dispute that the order of the learned Single Judge was well within the knowledge of the accused-respondent. The order dated 20.10.2022 was passed in his presence on his own undertaking. When again it was informed to the accused and it was brought to the notice of the accused that he will have to comply the order of this court and he has also given an undertaking to this court on 20.10.2022 and that he will have to follow his own undertaking, the accused who is present in this court, submits that he is unable to comply the order of this court and follow his own undertaking and he is ready to face the consequences.

Since the accused has admitted his guilt of committing willful disobedience of the order of this court, and inspite of giving various opportunities, the accused flatly denied to comply the order of this court and as such, we are left with no choice but to hold the accused-respondent guilty for an act of willful disobedience of the order of this court and committing contempt of this court as well as committing breach of his own undertaking submitted before this court.

Accordingly, the contempt petition is allowed and the accused-respondent/contemnor is to suffer simple imprisonment for a period of 3 months or till the payment of the amount, whichever is earlier.