The Punjab and Haryana Excessive Courtroom has dismissed three petitions filed by Dynamic (CG) Equipments Pvt Ltd in search of to quash cheque bounce proceedings initiated by JCB India Restricted after discovering that the corporate had suppressed a key truth of the dismissal of an earlier revision petition.
Justice Mahabir Singh Sindhu, whereas imposing prices of Rs 1 lakh on the corporate, mentioned the court docket had no choice however to dismiss the pleas because the petitioners had “knowingly and deliberately failed” to reveal {that a} revisional court docket had already rejected their problem to the identical proceedings in 2019. “Purity of judicial proceedings is non-negotiable; whosoever makes an attempt to pollute the identical shall bear the implications,” the court docket mentioned within the order.
The case arose from a criticism filed by JCB India in 2017 below Part 138 of the Negotiable Devices Act. An extra periods decide in Faridabad issued a summoning order the identical day. Dynamic Equipments moved the excessive court docket in 2021, arguing that the order was handed with out compliance with Part 202 of the Code of Prison Process (CrPC), which mandates a preliminary inquiry earlier than summoning in sure circumstances, and that they weren’t answerable for the conduct of the corporate in query.
Nonetheless, the court docket famous the corporate challenged the identical proceedings earlier than the extra periods decide in Faridabad, and the revision was dismissed on September 25, 2019, and didn’t disclose the prior litigation within the current petitions. “A litigant, who makes an attempt to pollute the stream of justice or who touches the pure fountain of justice with tainted fingers, just isn’t entitled to any reduction, interim or remaining,” the order mentioned, quoting the Supreme Courtroom’s choice in Kusha Duruka vs State of Odisha (2024).
The court docket additionally referred to Dalip Singh vs State of Uttar Pradesh and Kishore Samrite vs State of Uttar Pradesh, warning that courts should curb abuse of course of and guarantee there’s “no wrongful, unauthorised or unjust achieve.”
Justice Sindhu mentioned the petitioners had invoked the court docket’s inherent powers below Part 482 CrPC with “unhealthy religion”. “Suppression of fabric info from the court docket of legislation is definitely enjoying fraud with the court docket.”
The court docket directed that the Rs 1 lakh value be deposited with the Punjab and Haryana Excessive Courtroom Workers Welfare Affiliation inside 4 weeks, and made it clear that the interim orders handed in 2021 would stand vacated.
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