The Supreme Court on Monday criticised the for filing criminal charges in civil cases “day in and day out”, reported Live Law.
“This is wrong!” said the court. “What is happening in Uttar Pradesh? Every day civil suits are being converted to criminal cases. That is not correct! That is breakdown of rule of law completely.”
A bench of Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan was hearing an appeal to dismiss the first information report registered against two petitioners. They have been charged with criminal breach of trust, criminal intimidation and criminal conspiracy.
They have also been booked under section 138 of the Negotiable Instruments Act for allegedly failing to return money to the complainants in the matter. The section deals with the dishonour of a cheque for insufficient funds.
Noting that the case was relating to a civil dispute, the chief justice criticised the Uttar Pradesh Police for the “trend of of civil nature into criminal cases”, reported Live Law.
The bench also said that the order taking cognisance of the matter, the summoning order as well as the chargesheet filed were contrary to the top court’s direction in the Sharif Ahmed vs State of Uttar Pradesh case, according to The Indian Express.
In its judgement in...
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