1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL CONTEMPT PETITION NO. 16 OF 2009 C. K. Dhiran .. Petitioner Vs. Ajay Shyam Jajodia .. Respondent None for the petitioner. Mr. J. A. Udaipuri for respondent. Mrs. S.D. Shinde, APP for State. CORAM: B. H. MARLAPALLE & ANOOP V. MOHTA, JJ. JUNE 30, 2010. P.C. 1. This Contempt Petition has been registered on the basis of the report dated 26/6/2009 submitted by Shri C. K. Dhiran, Ad-hoc Additional Sessions Judge-1 of Fast Track Courts, Sewree, Mumbai by way of a reference under Section 15(2) of the Contempt of Courts Act, 1971. 2. On notice, the contemnor has filed his reply and we have heard Mr. Udaipuri, the learned counsel for the contemnor. We have noted 2 that before making a reference to this court, the learned referal Judge had issued a show cause notice to the respondent and he was provided due opportunity to submit reply. We have perused the record, including the show cause notice dated 18/6/2009 as well as the reply submitted by the respondent on 20/6/2009 to the said show cause notice. 3. We have no doubt in our mind that the acts attributed to the respondent and in the course of hearing of his case before the learned referal Judge amounted to criminal contempt as they tend to scandalize or lower the authority of the court. However, having regard to the scheme of Section 12 of the Contempt of Courts Act, 1971 and more particularly the proviso to Subsection (1) thereunder, the respondent has submitted an apology which appears to be bona fide and unconditional. In para 3 of the affidavit tendering unconditional apology, the respondent has offered and submitted unconditional contrition and apology to this court with a feeling of gratitude in his heart. 4. We accept the same and discharge the respondent from the criminal contempt committed by him of the learned Ad-hoc Additional Sessions Judge. We have been assured that respondent shall refrain from 3 indulging in such acts in future before any court and the undertaking so furnished, appears to be bona fide to us. 5. The Contempt Petition is disposed off accordingly. (ANOOP V. MOHTA,J.) (B. H. MARLAPALLE, J.)