GIRIDHAR MALAVIYA, J. - (1.) This appeal has been filed against the judgment and order dated 9-4-1993 passed by an Hon. Single Judge of this Court in Civil Misc. Contempt Petition No. 647/1992 finding that the appellant had wilfully disobeyed the order dated 9-12-1991 passed by the High Court in Civil Misc. Writ Petition No. 8602/1987. The apology tendered by the appellant was not accepted in view of the statement made by the appellant before the Court and due to his indifferent attitude. Consequently appellant Lakhan Singh was awarded the punishment of simple imprisonment for two weeks and a fine of Rs. 500.00.
(2.) We have heard Sri. J. N. Tewari and Shri D. S. Tewari learned counsel who argued this case on behalf of the appellant.
(3.) The first contention of learned counsel for the appellant is that the judgment under appeal so far it relates to simple imprisonment for two weeks is not in conformity with the provisions of S. 12 of the Contempt of Courts Act. In this connection he has relied on S. 12 (3) of the said Act which reads as under :- "12(3). Notwithstanding anything contained in this section, where a person is found guilty of a civil contempt, the court, if it considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary, shall, instead of sentencing him to simple imprisonment, direct that he be detained in a civil prison for such period not exceeding six months as it may think fit.";