An inquiry has been ordered against a finance firm for filing a wrong cheque bounce case and giving false evidence in a Delhi court which said it cannot spare those who misuse the criminal justice system as tool for harassment or pressure tactics.
Metropolitan magistrate Abhilash Malhotra's order came while acquitting Burari resident Gyanender Singh of charges of issuing cheques to Malwa Leasing & Credits Pvt Ltd which were allegedly dishonoured due to insufficient balance in account.
The court said it was ample clear that the firm, situated at Gokhale Market here, has filed the complaint despite the settlement with Singh and has wrongly misused the cheque which was supposed to be returned as per the settlement.
It said the firm's authorised representative Jiwan Arya knowingly gave false evidence on oath in judicial proceedings.
"I am of the opinion that it is a fit case where separate inquiry under section 340 CrPC be conducted," the magistrate said.
"The loss of peace of mind, reputation and harassment due to initiation of false prosecution are irreparable injuries. Anyone misusing the criminal justice system as tool for harassment or pressure tactics cannot be spared and has to be reminded of the deterrent provisions contained in... The IPC.
"While it is necessary to ensure that the genuine complaints get heard and registered, it is equally important to deter the false prosecutions. Our law recognizes the legal philosophy that 'It is better that ten guilty persons escape than that one innocent suffer'. This shows how sacrosanct is the liberty of an individual in a democratic set-up like ours," the magistrate said.
While acquitting Singh, the court said it was the state's duty to shield innocent persons from false prosecution and ensure that the "notorious litigant" do not go scot free.
The case was filed by the finance firm against Singh last year under the Negotiable Instruments Act in which it said the man had approached it for taking 10 TATA Indica cars on loan cum hypothecation basis.
