- (1.) This contempt petition was registered on a reference made by Shri Umesh Kumar Sharma, District & Sessions Judge, Sri Ganganagar vide his letter No.161/Sr.PA dated 15.5.2009 under section 15 of the Contempt of Courts Act, 1971, alleging contemptuous and scandalous allegations made in his Court by the contemners Shri Prem Sagar Sharma S/o Shri Satya Swami, resident of 22, Public Park, Sri Ganganagar, aided and abetted by Shri Krishan Kukkar, Advocate, District Court premises, Sri Ganganagar, in a transfer petition under section 408 Cr.P.C., by which the contemner no.1-Shri Prem Sagar Sharma sought transfer of a criminal case pending in the Court of Judicial Magistrate, First Class, Sri Ganganagar Shri Palvindra Singh.
(2.) Brief facts giving rise to this petition are that a criminal case under section 138 of the Negotiable Instrument Act was registered against the contemner no.1 Shri Prem Sagar Sharma as a Criminal Complaint no.501/07 Krishan Lal Kasania V/s Prem Sagar Sharma, which was pending. Shri Prem Sagar Sharma, contemner no.1 lodged a First Information Report No.103/07 dated 17th March, 2007 under sections 420, 467, 468, 471 & 120B IPC against Smt.Manju Gupta, Advocate, Navdeep Gupta, Vakilchand and Krishan Lal Kasania. The Criminal Complaint No.501/07 filed by Shri Krishan Lal Kasania against the contemner no.1 Shri Prem Sagar Sharma and his wife was transferred to the Court of Judicial Magistrate, Sri Ganganagar. On 11.9.2007, the contemner no.1-Shri Prem Sagar Sharma filed an application under section 210 Cr.P.C. in the Court of Additional Chief Judicial Magistrate, Sri Ganganagar, which was also pending with the complaint no.501/2007 Krishan Lal Kasania V/s Prem Sagar Sharma under section 138 of the Negotiable Instrument Act.
(3.) The application filed under section 210 Cr.P.C. was rejected by the Judicial Magistrate, First Class, Sri Ganganagar, on which an application was filed under section 408 Cr.P.C. by the contemner no.1 Shri Prem Sagar Sharma on the ground that Shri Palvindra Singh, Judicial Magistrate, First Class, Sri Ganganagar has rejected the application on being biased and corruptly adopting a procedure against the applicant, by playing fraud and cheating him and to benefit the complainant in connivance with Smt.Manju Gupta, Navdeep Gupta, Vakilchand, Satish Chand Jain and Smt.Sandeep Kaur, the wife of Shri Palvindra Singh, Judicial Magistrate, who was also serving as Judicial Magistrate, First Class No.2, Sri Gangangar. It was alleged that they also conspired with criminal intention through Smt.Manju Gupta, Advocate and obtained illegal gratification in rejecting the application.;