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anuradha (Self Employeed)     02 November 2009

Frivolous or Malicious litigation

Dear Sir,

We are a small firm providing consulting services based at Mumbai. I landed up in a dispute with one of our customers when she wanted to terminate the contract with us (as she got a cheaper alternative) in the midway of the services being imparted and wanted the advance money back. The customer filed a police complaint against me based on baseless allegation to make it look like a case of cheating (Prima-Facie). An FIR was registered under section 420 leading to my arrest in 2006. I got bail soon. The charge sheet has also been filed.


Presently the case is under trial in Metropolitan Magistrate Court for more than two years. My problem is that the complainant is not coming on the dates despite summon being served and serviced. As the allegations against me are baseless, she cannot prove the same in the court and that’s why she is not coming. I have been regularly going to the court on all dates hoping that she may come. I just get a new and long date every time, that’s all.


  1. I was advised by an advocate to file an application under section 256(1) of the Code of Criminal Procedure. Does it apply cases under section 420?
  2. I want to know that whether there is any provision in the law against such frivolous or malicious litigations?
  3. Is there a way that can bring this complainant to the court?  
  4. Whether there is any possibility to get discharge from this case keeping in view that the charge-sheet has been filed?
  5. Can you please advise me with a practical solution/ roadmap for a faster relief and justice?



Request: Kindly treat this as confidential.


 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     02 November 2009

I have already replied this quarry in the general forum.

1 Like

GOUTAM ROY (not applicable)     24 August 2011


please repeat the replies given in the general forum.


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