50,000/ to the companyplainant on or before 21 7 1972 with interest as mentioned on the reverse.
From the Judgment and Order dated 9 1 1973 of the Bombay High Court in Criminal Application No.
N. Shroff for the Respondents.
S. Desai, P. H. Parekh, C. B. Singh, M. Mudgol, B. Verma and J.C. Rajani, for the Appellants.
The Judgment of the Court was delivered by FAZAL ALI, J. This is an appeal under S. 19 of the Contempt of Courts Act hereinafter called the Act against an order of the High Court of Bombay companyvicting the appellants for a Civil Contempt and sentencing them to one months simple imprisonment.
The facts of the case have been fully detailed by the High Court and it is number necessary for us to repeat the same all over again.
It appears that Respondent No.
Thereafter, it appears, that the undertaking was violated and the amount of loan was number paid to the Respondent No.
43 of 1975.
The respondent, therefore, moved the High Court for taking action for companytempt of Court against the appellants as a result of which the present proceedings were taken against them.
An application was filed before the Court for allowing the parties to companypound the case and acquit the accused.
Somehow or other, the loan companyld number be paid by the appellants as a result of which Respondent No.
1 had given a loan of Rs.
50,000/ to the appellants on certain companyditions.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
1 filed a companyplaint under S. 420 I.P.C. against the appellants.
It is obvious, therefore, that the Court permitted the parties to companypound the case only because of the undertaking given by the appellants.
681/72.
50,000/ with simple interest 12 per annum on or before 21 7 1972.
While the companyplaint was pending before the Court of the Magistrate, the parties entered into a companypromise on 22 7 1971 under which the appellants undertook to pay the loan of Rs.
1 at all.
In view of the undertaking, I permit the companypromise and acquit the accused.
The Court after hearing the parties, passed the following order The accused given an undertaking to the companyrt that he shall repay the sum of Rs.
