Supreme Court has called for strict action and imposition of heavy penalty on unscrupulous litigants who attempt to mislead the judiciary through “concealment, falsehood and forum hunting” and slapped an exemplary cost of Rs 25 lakh on a litigant for attempting to convert a civil dispute into a criminal case.
A bench of Vikram Nath and Rajesh Bindal in a judgment on Friday said, “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, the bench said, while dealing with a case where one Karan Gambhir had initiated criminal proceedings in a civil suit, that too in Noida, though he was an ordinary resident of Delhi. Quashing summons issued by a Gautam Budh Nagar court to opposite parties on Gambhir’s complaint, the bench said the Noida court had no jurisdiction over the matter and was misled on furnishing of incorrect facts coupled with frivolous reasons.
“The core issue of the dispute, which involves financial transactions and agreements, clearly places it in the realm of civil and commercial law. Yet, Gambhir 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,” it said. “This unnecessary turning of a civil matter into a criminal case not only overburdens the criminal justice system but also violates the 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.”
A bench of Vikram Nath and Rajesh Bindal in a judgment on Friday said, “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, the bench said, while dealing with a case where one Karan Gambhir had initiated criminal proceedings in a civil suit, that too in Noida, though he was an ordinary resident of Delhi. Quashing summons issued by a Gautam Budh Nagar court to opposite parties on Gambhir’s complaint, the bench said the Noida court had no jurisdiction over the matter and was misled on furnishing of incorrect facts coupled with frivolous reasons.
“The core issue of the dispute, which involves financial transactions and agreements, clearly places it in the realm of civil and commercial law. Yet, Gambhir 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,” it said. “This unnecessary turning of a civil matter into a criminal case not only overburdens the criminal justice system but also violates the 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.”