Unjustified Invocation Of Section 340 CrPC In Civil Proceedings Is Abuse Of Process Of Law: Delhi HC While Granting Relief To Haldirams
|Finding that there are clear & transparent mis-statement in the present application with respect to the Facebook images, the Delhi High Court pointed that such application has consciously sought to mislead the Court, regrettably while seeking initiation of action against the plaintiff under Section 340 of the CrPC.
In the present case, the High Court elucidated that the situation is exacerbated by the fact that the first defendant has consciously resorted itself to mis-statement and filing erroneous photographs in its application, and therefore, ruled that unjustified invocation of Section 340 of CrPC in civil proceedings is an abuse of process of law and, if it is not substantiated with good reasons, is required to be seen as an attempt to pressurize the opposite party in the proceedings.
The High Court held so while considering an application by the first Defendant under Section 340 of CrPC alleging fabrication on the part of the Plaintiff, in an application preferred under Order XXXIX Rule 2A of CPC.
A Single Judge Bench of Justice C. Hari Shankar observed that “A comparison of the aforenoted images provided by the plaintiff in the plaint and in IA 15821/2023 clearly indicates that they are different from each other, with the caption below the image in the plaint reading “HALDIRAM BHUJIAWALA MUZ” and the title below the image in IA 15821/2023 reading “S.K. Foods and Beverages. In fact, submits Mr. Grover, the precise case that the plaintiff had sought to make out in IA 15821/2023 was that, even while changing the title below the photograph on the Facebook page, the defendant 1 continued to reflect the injuncted HALDIRAM BHUJIAWALA and/or mark in the image contained on the said page”.
Advocate Neeraj Grover appeared for the Plaintiff, whereas Advocate Manoj Singh appeared for the Defendant.
The brief facts of the case were that the plaintiff had shown images of the invoice evidencing purchase of certain food items from first defendant’s outlet. It was submitted that though the invoice reflects only one packet of Masala Namakpara as having been purchased by the plaintiff thereunder, images have been provided of two packets of Namakpara, of which the second does not bear any stamp regarding MRP etc. This, according to defendant’s counsel, constitutes fabrication. The second instance of fabrication was with respect to an image on the Facebook page of first defendant and the third instance consisted of the images of the outlet.
After considering the submission, the Bench observed that the present application is a blatant abuse of the process of the Court and, in fact, should rightfully expose first defendant, rather than the plaintiff, to action under Section 340 of CrPC.
The Bench stated that is a matter of great regret that, in an application under Section 340 of the CrPC, the first defendant has had the temerity to reflect, as the image of the Facebook page filed in IA 15821/2023, a different image.
The Bench also found from the present application that the first defendant has sought to make it appear that its same Facebook page was filed by the plaintiff along with the suit.
“The Defendant 1 has, in fact, copied the same page at both places, under the heads “Image 1: Facebook page of Defendant 1 filed at pages 19 to 21 of documents submitted along with suit instituted on 15.05.2023” and “Image-2: Facebook page of Defendant 1 filed at page 16 of application submitted under Order XXXIX Rule 2A of the CPC on 14.08.2023”. In fact, the image filed by the plaintiff at page 16 of IA 15821/2023 is not the image which is reflected to have been so filed, at page 18 of the present application”, added the Bench.
The High Court therefore concluded that its valuable time was expended on an application which is completely frivolous.
Accordingly, the High Court dismissed the present application with costs of one lakh to be paid to the plaintiff.
Cause Title: Haldiram India Pvt. Ltd. v. S.K Foods & Beverages and Anr. [Neutral Citation: 2023: DHC: 6646]
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