Introduction:

In the case of M/s Dynamic (CG) Equipments Pvt. Ltd. through its Director Ashwani Kumar Mahandru & others v. JCB India Limited, the Punjab & Haryana High Court, presided over by Justice Mahabir Singh Sindhu, addressed a petition under Section 482 of the CrPC seeking quashing of a complaint filed under Section 138 of the Negotiable Instruments Act (NI Act). The petitioners aimed to annul the summoning order and the entire proceedings pending before the Judicial Magistrate First Class. However, the Court found that the petitioners had suppressed the fact that the summoning order had already been challenged in a revision petition and dismissed. This concealment led the Court to impose a cost of ₹1 lakh on the petitioners, emphasizing the importance of honesty and transparency in judicial proceedings.

Arguments:

Petitioners’ Arguments:

The petitioners contended that the complaint under Section 138 of the NI Act was baseless and that the summoning order issued by the Magistrate was unjustified. They argued that the proceedings were an abuse of the process of law and sought the High Court’s intervention to quash the complaint and the summoning order. The petitioners maintained that they had not committed any offense under the NI Act and that the complaint lacked merit.

Respondent’s Arguments:

The respondents, represented by Senior Advocate Mr. Gourav Chopra, along with Dr. Anand Bishnoi and Mr. Vardaan Seth, highlighted that the petitioners had previously challenged the summoning order through a revision petition, which was dismissed. They argued that the petitioners’ failure to disclose this fact amounted to suppression of material facts, thereby misleading the Court. The respondents asserted that such concealment was a deliberate attempt to abuse the judicial process and sought the imposition of exemplary costs on the petitioners.

Court’s Judgment:

Justice Mahabir Singh Sindhu observed that the petitioners had intentionally suppressed the dismissal of their earlier revision petition challenging the summoning order. The Court emphasized that litigants must approach the judiciary with clean hands and that any attempt to mislead the Court by concealing material facts is tantamount to playing fraud on the Court. Citing the Latin maxim “suppressio veri, expressio falsi” (suppression of the truth is equivalent to the expression of falsehood), the Court underscored the gravity of the petitioners’ conduct.

The Court further noted that the purity of judicial proceedings is non-negotiable and that any attempt to pollute the stream of justice must be met with strict consequences. In light of the petitioners’ deliberate concealment, the Court dismissed the petition and imposed a cost of ₹1 lakh, to be deposited with the Punjab and Haryana High Court Employees Welfare Association. This decision serves as a stern reminder that the judiciary will not tolerate any attempts to manipulate or deceive the legal system.