Supreme Court Levies Rs 25 Lakhs Penalty on Litigant for Frivolous Litigation

Thank you for reading this post, don't forget to subscribe!

In a decisive action against frivolous litigation, the Supreme Court of India has imposed a substantial cost of Rs 25 lakhs on a litigant, Karan Gambhir, for initiating criminal proceedings on false grounds. This ruling, delivered by a bench comprising Justices Vikram Nath and Rajesh Bindal, underscores the court’s stance against unscrupulous litigants exploiting the judicial system.

Gambhir had filed an FIR in Uttar Pradesh, alleging forgery and cheating related to financial transactions and agreements primarily based in Delhi. The Supreme Court observed,

“In the instant case, we find initiation of criminal proceedings before a forum which had no territorial jurisdiction by submitting incorrect facts and giving frivolous reasons to entertain such complaints.”

The bench was firm in its condemnation of such actions, stating,

“Considering the above facts and circumstances of the case, we impose costs of ₹25 lakhs on the respondent Karan Gambhir to be deposited within four weeks from today with the Registry of this Court. Upon receipt of the said amount, the same will be transmitted in equal amount to the SCBA & SCAORA to be utilized for the development and benefit of their members.”

The court further emphasized the need for strict action, asserting,

“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 Supreme Court highlighted the misuse of jurisdiction in this case, noting the complainant’s deliberate actions to falsely create jurisdiction in Gautam Budh Nagar, which did not actually lie there. The court criticized the lack of due diligence by the magistrate, stating,

“The Magistrate also did not take into consideration the address of the complainant and the accused companies as also the addresses of their Directors. There was complete lack of application of mind while taking cognizance and issuing summons.”

The bench expressed its disapproval of the complainant’s motives, noting,

“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. The 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.”

By imposing a hefty penalty and quashing the FIR, the Supreme Court has sent a clear message against the misuse of the legal system for personal vendettas or unscrupulous purposes. This judgment is a significant step in preserving the integrity of the judicial process and deterring frivolous and malicious litigation.

READ ORDER

FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATE

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

Similar Posts