Frivolous or Malicious litigation under Section 420

anuradha (Querist) 18 August 2009 This query is : Resolved
Dear Sir,

We are a small firm providing consulting services based at Mumbai. I landed up in a dispute with one of our customers when he wanted to terminate the contract with us (as he got a cheaper alternative) in the midway of the services being imparted and wanted the advance money back. The customer filed a police complaint against me based on baseless allegation to make it look like a case of cheating (Prima-Facie). An FIR was registered under section 420 leading to my arrest in 2006. I got bail soon. The charge sheet has also been filed.

Presently the case is under trial in Metropolitan Magistrate Court for more than two years. My problem is that the complainant is not coming on the dates despite summon being sent by the court and same being received by him. As the allegations against me are baseless, he cannot prove the same in the court and that’s why he is not coming. I have been regularly going to the court on all dates hoping that he may come. I just get a new and long date every time, that’s all.

I want to know that whether there is any provision in the law against such frivolous or malicious litigations? Should I approach the session’s court to take this case on fast track? Is there anyway that can bring this complainant to the court? Whether there is any possibility to get discharge from this case keeping in view that the charge-sheet has been filed? Kindly advise me with a practical solution/ roadmap.

Request: Please treat this as confidential.

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R.R. KRISHNAA (Expert) 18 August 2009
If you feel that you have been unnecessarily prosecuted or charged for offences, you can ask appropriate compensation from the same court itself provided you prove that the case is frivolous and vexatious. Every court has powers to award appropriate compensation to the aggreived party in case of frivolous complaints. Yuu can discuss this issue with your advocate.

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kranthi kiran (Expert) 18 August 2009
After acquittal from the case u can file a suit against the complainant, claiming damages for malicious prosecution. Let your advocate represent before the Court for disposal of the case at earliest. If at the stage of trail, inspite of service of summons on the Complainant, if he fails to appear to give evidence, it can issue warrant to the complaiant.

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Jayashree Hariharan (Expert) 18 August 2009
Request for warrant to be issued. This is not a civil case where case can simply go on. There has been no action on the case since two years.. request the judge. Also you can ask for compensation. Best wishes

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ashish sharma (Expert) 18 August 2009
If u think u r a victim u should go for counter FIR against the complainant for malicious prosecution and defamation and ask for compensation u/s-156(3) before the additinal chief metropolitan magistrate.i dont know why u r suffering from 2 years in false litigation.ask the magistrate to summon the complainant to appear before the court if u feel u r facing false trial in the court...

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anuradha (Querist) 18 August 2009
Dear Mr. Ashish,

Please advise me whether it is practically possible to file a counter FIR ask for compensation as you have mentioned.

Guest (Expert) 19 August 2009
File an application under section 256 of Criminal Procedure Code before the Trial Judge. Section 256 of the Code of Criminal Procedure empowers a Magistrate to pass an order of acquittal on non-appearance or death of the complainant. Refer : - 2008 CRI. L. J. 1943 "S. Anand v. Vasumathi Chandrasekar" SUPREME COURT
Feel Free to Contact me on : 09727000333
advocate_lokhandwala@yahoo.com

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