'Forum Hunting': Punjab & Haryana HC Imposes Cost On Man For Filing Quashing Plea After Withdrawing Revision Petition In Cheque Bounce Case

Observing that "it seems that it is a case of forum hunting", the Punjab & Haryana High Court imposed a cost of Rs.10,000 on a man who filed petition under Section 482 CrPC to quash cheque bounce case after withdrawing revision plea.

Justice Kuldeep Tiwari said, "Once the petitioner has opted a statutory remedy by filing a revision petition (supra), and the same was dismissed as withdrawn, the petitioner cannot maintain the instant petition under Section 482 Cr.P.C. In fact it seems that it is a case of forum hunting, as when the petitioner realised that he is not getting the desired relief from the revisional court, he conveniently withdrew the revision petition (supra) and instituted the instant petition under Section 482 Cr.P.C."

The Court noted that when the council was asked for the reason for "withdrawal of the revision petition (supra), to which he answered that simply because it was not decided for 1 1⁄2 year, therefore, he opted to withdraw the same."

"The aforesaid explanation given by learned counsel for the petitioner further fortifies the opinion of this Court, that it is a pure case of forum hunting. The conduct of the petitioner is highly depricable," the judge opined.

Justice observed, "This Court wants to impose exemplary costs upon such kinds of petitions. However, considering the fact that the cheque amount in dispute, is meagre, therefore, the instant petition is, dismissed, with costs of Rs.10,000."

The plea was filed seeking quashing of the complaint, instituted under Section 138 read with Section 141/142 of the Negotiable Instruments Act, 1881, pending before the Gurugram Court, as well as summoning order, vide which the petitioner has been summoned to face trial in the aforesaid complaint.

Perusing the petition, the Court noted, "it reflects that the petitioner had earlier availed statutory remedy by filing the revision petition... before learned revisional court concerned, on dated 05.11.2022. The said petition was pending consideration before that court for about 11⁄2 years, and thereafter, the same stood dismissed as withdrawn vide order dated 26.04.2024."

In the light of the above, the plea was dismissed.

Dhruv Gupta, Advocate, for the petitioner.

KUNAL PURI v. DHEERAJ YADAV

Citation: 2024 LiveLaw (PH) 250

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