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Synopsis

In an extraordinary display of courtroom misconduct, a convict and his lawyer recently erupted in anger and threatened the woman judge at a Delhi Court after the convict was found guilty in a cheque bounce case.

Judicial Magistrate Shivangi Mangla convicted the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, which deals with dishonour of cheques. Following the said conviction, the court directed him to furnish bail bonds under Section 437A of the Code of Criminal Procedure (CrPC) on the next date of hearing.

However, after hearing that the judgment was not in his favour, the convict erupted in anger at the judge in open court, questioning as to how the judgment of conviction could be passed.

The accused further grabbed an object and tried to hurl it at the judge for not passing an order in his favor. He also asked his lawyer to do anything to get a favourable judgment.

"The accused started harassing the Judge in open court in unofficial Hindi language with commentary against the mother of the Judge. The accused was also holding some object & he tried to throw it on the Judge for not passing order in his favor. Then, he ordered his advocate to do anything to get judgment in his favor," the order records.

Following this, both the convict and his lawyer started harassing the judge and remarked, "Tu hai kya cheez... tu bahar mil, dekhte hain kaise zinda ghar jaati hai."

The convict and his lawyer further went on to mentally and physically harass the judge, asking her to resign from her position. They also threatened to lodge complaints against her and forcibly arrange her resignation.

While taking serious note of the misconduct, the judge issued a show-cause notice to the convict’s counsel, Advocate Atul Kumar."Court notice be issued to Ld counsel for accused Sh. Atul Kumar to show cause in writing providing relevant explanation for the conduct shown by him today and further to explain as to why he shall not be referred to the Hon’ble High Court for initiating criminal contempt proceedings against him for such misbehavior. Reply shall be furnished in writing by the council concerned on NDOH," the order added.

In addition to this, the judge also directed the National Commission for Women to take appropriate action regarding the threats and harassment faced in open court.

"The undersigned shall be taking appropriate measures against the accused before National Commission Women, Delhi for such threatening and harassment," the order stated.

Case Title: M/S VINTAGE CREDIT AND LEASING PVT. LTD. Vs. RAJ SINGH