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2023 (5) TMI 1 - HC - Indian LawsWilful breach of the Memorandum of Understanding (MoU) - Dishonour of Cheque - Section 138 of Negotiable Instruments Act, 1881 - HELD THAT:- In view of the acknowledgment, assurances and the undertakings given by the Respondent in these proceedings, the submission of the Respondent during the hearing dated 06.03.2023; that the MoU was signed under coercion is clearly a dishonest plea. This Court is, therefore, unable to accept the submission of the learned counsel for the Respondent, that the MoU was executed under coercion. In fact, the said submission of the Respondent clearly evidences that the apology tendered by the Respondent on 14.07.2021 after he was held guilty of contempt is not bona fide. In this affidavit of apology dated 14.07.2021, the Respondent had admitted his liability and sought further time to honor his undertaking. This Court is of the opinion that the Respondent has only been biding time after he was held guilty of contempt vide orders dated 13.07.2021 and 20.12.2021. The last payment was made on 24.02.2022 and despite giving two undertakings on 02.06.2022 and 31.08.2022, not a single paisa has been paid by the Respondent. The Apex Court has time and again reiterated that non-compliance of ‘undertakings’ given to the Court will amount to contempt of orders of the Court. In this regard, it is instructive to refer to the judgment of Supreme Court in HSBC PI Holdings (Mauritius) Limited v. Pradeep Shantipershad Jain and Others, [2022 (7) TMI 568 - SUPREME COURT], wherein it has been held that non-payment of the outstanding amount by the Respondent even after repeated opportunities and directions passed by the court will amount to punishment under contempt of Court. In this matter on 06.03.2023, on an enquiry to the Respondent with respect to the time required by him to sell his immovable property to raise the funds, the Respondent was non-committal and vague. He stated that he is still looking for a buyer and it was not possible to give a firm date. This Court did not find that the response of the Respondent was serious or made in good faith. The Respondent is owner of immovable properties and therefore, has sufficient means to make the payment undertaken by him; he, however, lacks the will to make the payment to the Petitioner. In view of the aforesaid contumacious conduct of the Respondent, this Court is unable to accept the submission that the punishment of imprisonment should not be awarded to the Respondent. Sentencing - HELD THAT:- As the Respondent has already been held guilty of contempt and considering his subsequent conduct as aforesaid, this Court sentences Respondent, Contemnor, Mr. Anand Kamal Goel, to undergo two (02) months imprisonment along with a fine of Rs. 2,000. In default of payment of the fine, he shall further undergo fifteen (15) days simple imprisonment - the Registrar General of this Court directed to take necessary steps to have the convicted contemnor taken into custody and cause him to send to Central Jail, Tihar, under appropriate warrant of commitment for undergoing the sentence awarded. The present contempt petition and all the pending applications, if any, are disposed of.
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