1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Contempt Petition No.3 of 2009 . Shri Yogesh Navinchandra Rai (Kalal) and others .. Petitioners v/s. Shri Uttam Ambadas Rai (Kalal) & Another ..Respondents Mr.P.S.Dani for the Petitioner. Mr.M.S.Karnik for the respondent no.1 Mr.P.A.Pol, PP for the State CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. DATED : 17th December, 2009 P.C. : 1. The petitioners have filed R.C.C. No.40/2003 in the Court of Judicial Magistrate, I Class, Nashik for offences punishable under Section 193, 465, 468 and 471 of I.P.C. against the respondent no.1 Contemnor. In turn the said respondent has filed Criminal Case No.572 of 2003, 601 of 2006, 3286 of 2006 amd 213 of 2007 against the petitioners allegedly with a view to harass them. Some applications were filed by the respondent No.1 in R.C.C. 2 No.40 of 2003 and one such application was Application No.1269 of 2008. In the said application the respondent No.1 filed an affidavit and not only made statements against the complainant, but indeed proceeded to make baseless allegations against the presiding officer. Paragraph nos. 3, 6 and 9 of the application set out these allegations. It appears that an application was filed under Section 408 of Cr.P.C. for transferring all the five cases. The allegations, as per the petitioner, amounted to criminal contempt within the meaning of Section 2(c) of the Contempt of Court’s Act, 1971. 2. The respondent no.1 appeared before us and submitted his affidavit in reply and tendered his unconditional and unqualified apology. In our order dated 10th December, 2009 we recorded the said apology and undertaking and granted time to the Contemnor to remain present before the learned Presiding Officer i.e. Mrs. K.S.Bakre, presently Joint Civil Judge, J.D. And J.M.F.C. Ulhasnagar, District Thane . Mr.Karnik, the learned Counsel for the Contemnor, has placed before us a copy of the unqualified apology and undertaking furnished by the contemnor before Mrs. Bakre on 11.12.2009. He is 60 years of age and claims to be suffering from blood pressure as well as spondalites. The contemnor is present before us and we have been assured that he shall not indulge in any such or similar acts in future before 3 any Court. Though we find him guilty of contempt, he has tendered an apology before the learned Presiding Officer and also before this Court, in writing. We accept the said apology and undertaking and the punishment to be awarded stands remitted on the apology being submitted before the learned Presiding Officer as well as before us. 3. Petition is accordingly disposed off. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.]