Criminal Justice System
Unscrupulous litigants should not be allowed to go scot-free—They should be put to strict terms and conditions including costs—It is time to check with firmness such litigation initiated and laced with concealment, falsehood, and forum hunting—Even State actions or conduct of government servants being party to such malicious litigation should be seriously reprimanded—Criminal proceedings initiated before a forum which had no territorial jurisdiction by submitting incorrect facts and giving frivolous reasons to entertain such complaints—A closer look at the respondent’s actions reveals more than just an inappropriate use of jurisdiction—Core issue of dispute, which involves financial transactions and agreements, clearly places it in the realm of civil and commercial law—Respondent chose to pursue criminal charges in a quest to abuse the criminal justice system with a motive to seek personal vengeance rather than seeking true justice—Such unnecessary turning of a civil matter into a criminal case not only overburdens the criminal justice system but also violates principles of fairness and right conduct in legal matters—Apparent misuse of criminal proceedings in this case not only damages trust in our legal system but also sets a harmful precedent if not addressed—Cost of rupees twenty five lakhs imposed upon respondent.
[Para 1]
Indian Penal Code, 1860
Sections 420, 467 and 120B—Cheating and forgery—Petition to quash FIR and summoning order declined by the High Court—Appeal—Criminal proceedings initiated before a forum which had no territorial jurisdiction by submitting incorrect facts and giving frivolous reasons to entertain such complaints—A closer look at the respondent’s actions reveals more than just an inappropriate use of jurisdiction—Core issue of dispute, which involves financial transactions and agreements, clearly places it in the realm of civil and commercial law—Respondent chose to pursue criminal charges in a quest to abuse the criminal justice system with a motive to seek personal vengeance rather than seeking true justice—Such unnecessary turning of a civil matter into a criminal case not only overburdens the criminal justice system but also violates principles of fairness and right conduct in legal matters—Apparent misuse of criminal proceedings in this case not only damages trust in our legal system but also sets a harmful precedent if not addressed—FIR in question, if proceeded further, will result in absolute abuse of process of court—Clear case of malicious prosecution—FIR quashed and cost of rupees twenty five lakhs imposed upon respondent.
[Paras 1, 34 to 39]