Case: B.N. Shivanna Vs. Advanta India Limited &amp; Another

appellant was enrolled as an advocate on 14.8.1998 and since then he has been practicing in the High Court of Karnataka at Bangalore. Prior to joining the Bar, he had been working for the respondent company as Marketing Executive. Being well known to the officials of the company, he was engaged as Retainer for the Company and thus, the appellant used to report to the companys officials about the progress of its cases pending in various courts in Karnataka. However, on receiving some orders purported to have been passed by the High Court of Karnataka, the officials of the company became suspicious and verified from the original record, and then submitted a complaint to the High Court that the appellant had furnished to the company copies of fabricated and forged orders purported to have been passed by the Karnataka High Court. On the basis of the same, criminal contempt proceedings were initiated suo motu by the High Court against the appellant by registering a case CCC(Crl.) No. 12 of 2002, whereas CCC(Crl.) No. 7 of 2002 was initiated at the instance of the respondent company. The High Court took cognizance under the provisions of the Contempt of Court Act, 1971 (hereinafter referred to as `Act 1971) against the appellant. The court proceeded with the allegations that the appellant had taken advantage of his position telling the said companys officials falsely that criminal cases have been launched in various courts in Karnataka against various purchasers and distributors of seeds under the Seeds Act for the alleged producing and selling of the spurious/sub-standard seeds by the agriculturists. The appellant made the officials of the respondent company believe that a large number of criminal cases had been filed against the company and its officials in various courts in Karnataka.3. In this regard, it was alleged that the appellant sent a policeman possessing summons/warrants, almost on regular basis, to the Head Office of the company and thereby made the higher officials of the company believe that a number of criminal cases had been filed against the company and its officials and that there was an urgent need to take immediate action in that regard. Subsequently, the appellant told the company officials that he would arrange for avoidance of the warrants being executed against them, though there was imminent danger of officials being arrested, which he had so far successfully avoided.4. The appellant advised the company officials to file criminal petitions in the High Court of Karnataka for quashing of the said criminal proceedings alleged to be pending in the courts at Hubli, Mysore, Chitradurga, Bellary, Sandur, Raichur etc., and the appellant asked the company in writing to pay a sum of Rs.10,000/- towards the court fee in each case for filing of criminal petitions before the High Court in addition to other miscellaneous expenses like his professional fee, typing etc. The company having full faith in the appellant remitted the said amount of court fee of Rs.10,000/- in each case for purchasing the court fees from the vendor, namely, Smt. S. Gauri, who was none other than the mother-in-law of the appellant. The company sent cheques in the names of Smt. S. Gauri as well as the appellant towards the court fees and his professional charges and other expenses. As the appellant had told the officials of the company that more than 500 criminal cases had been filed by various persons against the company and its officials, a sum of Rs.62 lakhs was paid by the company through cheques in the name of the appellant as well as Smt. S. Gauri, the alleged stamp vendor. The appellant also got a huge amount from the company under the pretext of payment of professional charges to other advocates purported to have been engaged by him to represent the company in various subordinate courts of the State. Thus, in all, according to the company, a sum of Rs. 72 lakhs had been paid to the appellant apart from his professional charges. In order to justify his bonafides and to show the result of his professional engagement and on enquiry by the company, the appellant is alleged to have produced a copy of the order dated 3.10.2001, purported to have been passed by Honble Mr. Justice G. Patri Basavanagowda of Karnataka High Court, showing that 341 criminal petitions filed by the company, had been allowed by the High Court and criminal proceedings launched against the company in those cases stood quashed.5. It was, in fact, later on when the companys officials came to know that no court fee was payable in criminal cases filed before the High Court, that it made discreet inquiries and learnt that the amount had been collected by the appellant in the name of his mother-in-law Smt. S. Gauri, the alleged stamp vendor, fraudulently. On further inquiry, said officials came to know that the alleged stamp vendor Smt. S. Gauri was only a housewife and not a stamp vendor and the bank account for which the cheques were issued in her name, was being operated by the appellant himself, and no case had ever been filed in any subordinate court against the said company.6. Being aggrieved, the company wrote a letter to the Registrar General of the High Court of Karnataka mentioning all the afore- mentioned facts submitting that the appellant had played fraud upon them by providing the forged and fabricated order purported to have been passed by the High Court of Karnataka and as such, abused the process of law and interfered with the administration of justice. On coming to know about these facts, the High Court itself suo motu initiated criminal contempt proceedings against the appellant. Notices were issued to the appellant and on his appearance, he denied the charges and was tried for the said allegations clubbing both the cases. The prosecution relied upon the evidence of 5 witnesses and marked a large number of documents. The appellant did not lead any oral evidence but marked several documents. After completing the trial, the High Court convicted the appellant and sentenced him as mentioned hereinabove. Hence, these appeals under Section 19 of the Act 1971.

Reasoning: The issue has not been agitated before the High Court, rather the complaint filed by the Registrar General of the High Court makes it clear that the complaint itself has been filed on behalf of the High Court by the Advocate General. It is evident from the record that case CCC(Crl.) No. 12 of 2002 has been filed by the Registrar General of the High Court of Karnataka (suo motu) through the Advocate General of the State. Therefore, the issue does not require any further consideration so far as the procedural aspects are concerned. Thus, in view of the above, the objection raised by the appellant is mere hyper-technical and does not want furtherare certain documents to show that the appellant on certain occasions has also rendered a good service to the company. Some documents are also on record to show that some officials had an intention to misappropriate the funds of the company for their personal gain with the connivance of the appellant. However, there is nothing on record to show that they could succeed to any extent. Therefore, the defence taken by the appellant remains unsubstantiated. In view of the material on record, it is evident that the huge amount of money has been collected by the appellant in the name of his mother-in-law, Smt. S. Gauri, the alleged stamp vendor, and the appellant has been the beneficiary thereof as he had operated the Bank Account in herappellant had been the beneficiary of fraud alleged in these cases. Therefore, in view of the law referred to hereinabove, he is guilty of committing contempt of court. The appellant had been an employee of the respondent company and because of that relationship he had been retained as an Advocate and he has a duty towards his clients to behave in an appropriate manner and to protect the dignity of the court. The conduct of the appellant has been reprehensible and it is tantamount to as if the fence established to protect the crop starting to eat the crop itself. Thus, such misconduct has to be dealt with, with a heavy hand.