Excelsior Correspondent
Srinagar, Dec 17: High Court today said that a person against whom a judgment has been passed should not conceal the details of property and warned that such concealment would attract punishment of imprisonment against him.
Justice D S Thakur while reducing the sentence passed against the judgment debtor said, it is incumbent upon such a judgment debtor to ensure that there is no concealment in regard to the property which belongs to him whether actually in his possession or inherited or is held for him in trust. “Any such wilful concealment would certainly attract the punishment of imprisonment for a term, which may extend to one year”, Justice Thakur recorded.
The appellant in the present case was a judgment debtor against whom a decree for an amount of Rs. 4,52,677/- with interest @ 9% was allowed. He challenged the judgment and decree in appeal, which, however, came to be dismissed. In the appeal, he had not taken the plea of insolvency. However, during the execution proceedings, an application came to be filed by him claiming insolvency.
He along with an application, filed a schedule of property wherein he stated that he possessed some apparels, shoes, a two storied residential house stated to have been damaged during floods. On the contrary the objections filed to the application of judgment debtor by the decree holder highlighted that had concealed material facts with regard to the property which had been inherited by him from his father.
It was alleged that the he was constructing a residential house at Krandigham Tehsil Bijbehara District Anantnag wherein huge amount had already been spent and had an account in the J&K Bank Branch Jablipora and another account maintained in the name of his daughter, which had not been reflected in the schedule of property.
The court after apprising about the facts with regard to the property of the judgment debtor dismissed his application whereby he was declared as insolvent and was asked to show cause as to why he should not be sentenced to one year imprisonment for concealing material facts.
Accordingly, an order came to be passed on 5.4.2016 by the Principal District Judge, Anantnag wherein he has been sentenced to one year imprisonment under Civil Procedure Code as was then applicable in the erstwhile State of J&K for concealing the details of his property before the court of law.
Court on perusal of the judgments and orders impugned which were passed by the trial court said, there was in fact a clear attempt made by the appellant-judgment debtor to conceal material facts from the court with a view to avoid the judgment and decree passed against him.
“I deem it appropriate to reduce the sentence to a period of three months. However, in case the entire decretal amount is liquidated by the appellant within one month from today, the sentence shall be further reduced to one month instead of three months”, Justice Thakur concluded.
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