Filing contempt of court

Mahesh Chand Gupta (Querist) 24 May 2017 This query is : Resolved
An accused had filed an appeal against the order of the lower court in the case of 138 NI Act to repay the cheque amount to the petitioner or go to 1 year prison which was rejected by the upper court and the ADJ instructed the accused to pay the cheque amount within 7 days of the order. However even after 7 days, the accused still hasn't paid the cheque amount and has not surrendered himself before the lower court either. Could a contempt of court be filed against the accused in the upper court in such a scenario?

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Dr J C Vashista (Expert) 26 May 2017
The accused/appellant shall be arrested if not surrendered, otherwise the court shall proceed u/s 82 & 83 Cr PC.

No contempt is maintainable since there is no "willful" disobedience of the orders passed against the accused and/or lowered the authority and majesty of the Court. The appellant/accused has exercised his constitutional right to appeal (irrespective of the decision/judgment in appeal).

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