New Delhi: The Supreme Court, on Monday, expressed shock over remarks made by a judge of the Allahabad High Court, suggesting that criminal prosecution may be permitted to recover money as an alternative remedy in a civil suit. The Bench of Justice J B Pardiwala and Justice R Mahadevan directed that Justice Prashant Kumar of the Allahabad High Court Justice Kumar sit only in a division bench with a senior judge henceforth.
Even if allotted single bench matters, Justice Kumar should not be assigned any criminal determination, the Supreme Court directed.
“We are shocked by the findings recorded in paragraph 12 of the impugned order. The judge has gone to the extent of stating that asking the complainant to pursue civil remedy would be very unreasonable as civil suits take a long time, and therefore the complainant may be permitted to institute criminal proceedings for recovery,” the Bench noted.
The Court said that it has no hesitation in interfering with the order even without issuing notice in the matter.
“We request the Hon’ble Chief Justice of the High Court to assign this matter to any other judge. We further request the Chief Justice to immediately withdraw the present determination of the concerned judge,” the Supreme Court ordered.
A company – one of the respondents in this matter – had supplied thread worth Rs 52,34,385 to the petitioner M/s Shikhar Chemicals. Of the due amount, Rs 47,75,000 was allegedly paid. The supplier had then lodged a complaint before a magistrate. The petitioner moved the High Court thereafter, praying for it to quash the proceedings. The petitioner contended that the dispute was purely civil in nature and had been improperly given a criminal colour. Justice Kumar dismissed the plea though.
In his order dated May 5, Justice Kumar had observed that requiring the complainant to pursue a civil suit would be “very unreasonable” as such suits take years to conclude and, therefore, criminal prosecution was justified.
“O.P. no.2 appears to be a very small business firm and for him, the aforesaid amount along with interest is a huge amount. In case, subject to filing a civil suit, O.P. no.2 will not be in position to pursue the civil litigation. In case, O.P. no.2 files a civil suit. Firstly, it will take years for it to see any ray of hope and secondly, he will have to put more money to pursue the litigation. To be more precise it would seem like good money chasing bad money. If this Court allows the matter to be referred to civil court on account of civil dispute between the parties, it would amount to travesty of justice and O.P. no.2 would suffer irreparable loss and he might even not be in a position to emerge from the financial constraints to pursue the matter,” the High Court said in its order.
The petitioner then approached the Supreme Court which described this reasoning by Justice Kumar as untenable. The order passed by the High Court was accordingly set aside and the matter remanded for fresh consideration by a different judge.
“In any view of the matter, the concerned judge shall not be assigned any criminal determination till he demits office. If at all at some point of time he is to be made to sit as a single judge, he shall not be assigned any criminal determination,” the Supreme Court directed.
