9911796707
TMI Blog1981 (4) TMI 282X X X X Extracts X X X X X X X X Extracts X X X X ..... Criminal) No. 7 of 1980, whereby the appellant was sentenced to simple imprisonment for six months and a fine of Rs. 200. 2. The appellant practices as an Advocate at Solan which is a district place in the State of Himachal Pradesh. It appears that only one court generally sits at Solan which is that of the Senior Sub Judge-cum-Chief Judicial Magistrate. The learned Judge, who presides over that Court, also exercises the powers of a Rent Controller and of the Court of Small Causes. On June 18, 1980, Shri Kuldip Chand Sud, who was the Presiding Officer of the Court, was hearing a petition under the Rent Act in which the petitioner was represented by the appellant. When the case was called out for hearing, the learned Judge noticed that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... since left the hospital. The house in which the respondent lived was locked. The Judge then declared that he proposed to take action under Order 9 Rule 2 of the Civil Procedure Code. The appellant asked the Judge to record his statement as to why he was unable to pay the process fee and supply the address of the respondent. Instead of recording the appellant's statement, the Judge remarked : "You rascal, I will set you right". The appellant protested at the abusive language used by the Judge, but the Judge retorted : "I repeat what I said". The appellant thereafter lost control over himself and under the "extreme heat of moment and passion, his hand fell on his shoe" which he threw towards the dais. Many pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. Such apologies have been duly tendered. 5. Learned Counsel appearing on behalf of the appellant appealed to us in all their persuasion that in view of the fact that the appellant was genuinely repentant for his conduct, he should be enlarged on a mere admonition. Counsel plead that the appellant evidently lost his balance and whether or not there was any justification for it, he acted under the impulse of grave passion for which he has been sufficiently punished by the publicity which the incident has received and the notoriety which he has invited for himself. 6. We had made it clear to the learned Counsel at the very time when they conveyed to us the willingness of the appellant to apologise that we offer no promise or inducement tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suffering. Accordingly, we reduce the sentence of six months to a period of one month, enhance the fine from Rs. 200 to Rs. 1000 and direct that the fine, if recovered, shall be paid over to a Legal Aid Society, if any, functioning in the State of Himachal Pradesh. The High Court will decide which society should get the money, if there is more than one such society, of which there is precious little likelihood. Order accordingly. 8. We will be failing in our duty if before parting with the case we did not draw attention to what the appellant's counsel Shri Bhagirath Das said in the High Court during the course of his arguments. Shri Bhagirath Das told the learned Judges of the High Court : Better part of discretion is to ignore it in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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