Punjab & Haryana High Court Imposes ₹1 Lakh Cost On Man For Suppressing Material Facts

The Punjab & Haryana High Court has imposed a cost of Rs. 1 lakh on a plea seeking quashing of complaint under Negotiable Instrument Act (NI Act), for suppressing that summoning order was challenged in revision and dismissed.

Justice Mahabir Singh Sindhu said, "now it is well settled law that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final. Suppression of material facts from the Court of law, is actually playing fraud with the Court. The Latin maxim supressio veri, expressio falsi i.e. suppression of the truth is equivalent to the expression of falsehood, gets attracted."

The Court highlighted that, "Purity of judicial proceedings is non-negotiable; whosoever attempts to pollute the same shall bear the consequences."

The plea was filed under Section 482 of the CrPC, for quashing of complaint filed under Section 138 of the NI Act summoning order and the entire proceedings thereof, pending before the  Judicial Magistrate First Class.

The Court noted that the Magistrate's Court had issued summoning order snd the same was challenged before the Revisional Court by way of filing Revision petition and it was dismissed.

Justice Sindhu pointed that "the same has not been disclosed for the reasons best known to them; thus, there is an active concealment on their part."

Relying on Kishore Samrite Versus State of Uttar Pradesh and others [(2013) 2 Supreme Court Cases 398], the Court said that petitioners were bound to disclose the factum of dismissal of their revision petition on 25.09.20219 by the Revisional Court; but they knowingly and intentionally failed to do so.

Consequently, the Court dismissed the plea with a cost of Rs 1 lakh to be deposited with Punjab and Haryana High Court Employees Welfare Association.

Mr. Vaibhav Tanwar, Advocate (through V.C.) for the petitioners.

Mr. Gourav Chopra, Senior Advocate with Dr. Anand Bishnoi, Advocate and Mr. Vardaan Seth, Advocate for the respondent.

 Title: M/s Dynamic (CG) Equipments Pvt. Ltd.  through its Director Ashwani Kumar Mahandru & others v. JCB India Limited

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