LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

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.



Learning

 18 Replies

Vishwa (translator)     02 November 2009

Dear Anuradha,

Since you have put your grievance in an open forum visited by thousands every day, it can hardly remain confidential !

Having said that, the case against you is bound to be dismissed especially if your lawyer makes an application in this sense. Even so, you will have to appear three or four times before the case is finally dismissed.

 

In spite of having crores of cases pending, the courts are very reluctant to let go of useless litigation. They act as though their very lives depended on this. In a sense this is true, every time you go to court, you shell out your hardearned moolah to lawyers, peshgars and a variety of people.

 

As for taking court action against your adversary, it is a question of good money chasing after bad. As we say in French, vengence est un plat qui se mange froid. You can however write to all your professional collegues narrating your horrid experience with this particular customer, so that they are on guard.

 

Best of luck


(Guest)

I think this is S. 200 CrPC Complaint case filed by complainant. The compalinanat must have crossed bar of S. 195 CrPC to do so on admission stage. Then the complainant might have called witness for pre-cog. stage to register application of mind by the MM to issue upon a summon to you for first taking bail and then making your appearance compulsory while complainant is relaxing back !. Which is what exactly you were made to do. Now your only good chance is to approach HC with S. 482 CrPC to quash such frivilous and vexatious complaint cases if you can convince HC on admission stage that it was filed on melicious grounds. ask your Ld. Counsel to do file inspection and also take all certified copy of entire file to understand where the complainant has maliciously given malacious facts to go on cog. stage this application of his / her. At HC level call for TCR (trial cort record) . Your purpose is now solved and trauma of appearing on each trial court dates will be solved if you approach HC and quash the complaint case of trial court. however you need a good Counsel for all these to do. All the best.
Rgds, D. Arun Kumar, New Delhi.

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

The same quarry was raised by you in the open forum and it has well been replied so nothing to add more in the already submitted reply.

Anil Agrawal (Retired)     03 November 2009

 I don't understand this:

despite summon being served and serviced

Summon on the complainant? Please clarify.

 

anuradha (Self Employeed)     03 November 2009

Yes Sir,

Despite the summon has been serviced to the complainant, she is not coming to the court on dates for the past almost three years. The trial has not been started. I do not understand why the court is unable to take any action. In my opinion it should be a matter of contempt. 

If this is how the criminal cased are dealt with in our country then anyone can file a frivolous police complaint, get the person arrested on baseless grounds and sit back at home, to harass and trouble anyone. 

Anil Agrawal (Retired)     03 November 2009

 Please clarify. Why summons shall be served on the complainant? Is it your complaint? The problem is with the respondent. If the complainant is well represented by her lawyer, what is the problem?

anuradha (Self Employeed)     03 November 2009

In criminal cases- the summon is served to the complainant because they are the chief witness in the matter and their attendance is needed to proceed for the natural justice, as per my knowledge.

Anil Agrawal (Retired)     03 November 2009

 On the complaint filed by the complainant, summons are served on the respondents. I have not known that it is the other way round. 

Gaurav Arora (Advocate)     03 November 2009

If the complainant is not appearing before the court despite the summons being regularly served upon her....then you/ your lawyer should ask the court to proceed against the complainant under sections 87 & 88 of CrPC to procure her presence on the date fixed.....if despite this.....she will not appear before the court....then the court has the power to issue arrest warrants against her.....

2nd option available for you is to move before the Hon'ble High Court under section 482 of CrPC to quash such a false, frivolous and baseless FIR....

Anil Agrawal (Retired)     03 November 2009

 If the learned advocates opine that a complainant has to appear before the court after SUMMONS have been served upon her on her own complaint and she doesn't, get a warrant issued against her.

SANJEEV KUMAR (STUDENT)     03 November 2009

Anuradha

Your problem is a practical situation which is prevalent in trial courts usually in small districts. Normally in false case the there are two motives of complainant

1. Get the accused arrested

2. to make the maximum harrassment

The complainant has achieved first and now he is pursing second objective.

My suggestion is :

1. on every hearing give written submission regarding the behavior of complainant

2. the exemption application shud be opposed and you should ask for costs

3. after reasonable opportunities file and application for dissmissal of case 

4. at this stage definately MM will have not option but to give final opportunity to complainant and in next hearing case will be decided.

After getting case dismissed ex party you can nail the complaintant under various sections of IPC

sanjeev

Gaurav Arora (Advocate)     03 November 2009

Mr. Anil Agrawal....in this case, an FIR was registered under section 420 IPC on the complaint of a person....and the charges have been framed.....now its the duty of the prosecution to prove its case.....and if the prosecution failed to get the presence of the complainant on no. of dates....then the court may proceed against the complainant under sections 87 & 88 CrPC to procure her presence....

SANJEEV KUMAR (STUDENT)     03 November 2009

Anuradha

You will get following remedies against false cases

Some other sections of IPC helpful :
182 False information, with intent to cause public servant to use his lawful power to the injury of another person
191 Giving false evidence
192 Fabricating false evidence
195A Threatening any person to
give false evidence
196 Using evidence known to be false
197 Issuing or signing false certificate
198 Using as true a certificate known to be false
199 False statement made in declaration which is by law
receivable as evidence
200 Using as true such declaration knowing it to be false
201 Causing disappearance of evidence of offence, or
giving false information to screen offender
202 Intentional omission to give information of offence by person bound to inform
203 Giving false information respecting an offence commited
204 destruction of document to prevent its production as evidence
205 False personation for purpose of act or proceeding in suit or prosecution there are

I think above cases shall be sufficient to nail the complainant. But please remember that alll these remedies are available after acquittal only.

sanjeev

SANJEEV KUMAR (STUDENT)     03 November 2009

but gaurav ji normally the exemption applications are filed through advocates mentioning lame excuses. Normally what happens in small towns is that advocate file an exemption application and next date is taken and complainant does not come.

What the accused can do if exemption application is accepted except at mercy of court

sanjeev


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query