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 SYAS: KARNATAKA HC
In the matter of Sri A N Ravi Kumar vs Sri B Manjunath on 24 November, 2022(C. C. C. NO. 663 OF 2022 (CIVIL)) presided by THE HON’BLE JUSTICE Chief Justice, Ashok S.Kinagi stated that On the earlier date i.e. 20.10.2022, the accused-respondent was present in this court and the learned counsel appearing for the accused in this court stated that the accused is facing financial difficulties. It was further submitted that the accused to show his good faith should deposit the amount in installments and within three weeks the accused shall deposit the entire amount as mentioned in the order dated 18.12.2021 passed by the learned Single Judge in W.P.No. .9617/2019. The aforesaid submission CCC No. 663/2022 made before this Court was accepted as an undertaking. Contempt was postponed to 11/15/2022. Due to lack of time, it was not possible to discuss the matter at the next scheduled date and it was ordered to be published on 24 November 2022. Accordingly, she is brought before this court today
FACTS OF THE CASE
The accused-respondent is present before this Court and the learned counsel appearing for the accused submits that the accused is unable to make the payment as accepted by the promise produced before this Court on 20.10.2022. It may not be out of place to mention that the learned Single Judge’s 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. There is no dispute that the order of the learned Single Judge was well-known to the accused respondent. The order dated 20.10.2022 was transferred in his presence to his own company CCC No. 663/2022. After that the accused was again informed and told that he will have to comply with the order of this court he also gave an undertaking to this court on 20.10.2022 and that he will have to run his own business, the accused who is present in this court claims that he is unable to comply with the order of this Court and abide by his own undertaking and is ready to bear the consequences.
JUDGMENT
THE HON’BLE JUSTICE Chief Justice, Ashok S.Kinagi observed that Since the accused has pleaded guilty to having committed willful disobedience to the order of this Court and despite being given various opportunities, the accused has categorically refused to comply with the order of this Court and we are therefore left with no option but to hold the accused-respondent guilty of having committed willful disobedience to the order of this Court and committing contempt of this Court as well as breaching his own undertaking submitted to this Court.CCC No. 663/2022. Accordingly, the contempt petition is allowed and the accused-respondent/convict shall suffer simple imprisonment for a period of 3 months or till payment of the amount, whichever is earlier.
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JUDGEMENT REVIEWED BY HARSHA L NALWAR