Supreme Court Criticises Approach of a High Court Judge

Supreme Court Criticises the Approach of a High Court Judge

In the recent decision of Shikhar Chemicals v. State of UP [2025] GCtR 1393 (SC), Hon'ble Supreme Court has criticised the approach of a Judge of Hon'ble High Court. Phrase used was "one of the worst and most erroneous orders that we have come across in our respective tenures as judges of this Court. The judge concerned has not only cut a sorry figure for himself but has made a mockery of justice." 

"It was expected of the High Court to know the well-settled position of law that in cases of civil dispute a complainant cannot be permitted to resort to criminal proceedings as the same would amount to abuse of process of law. It was expected of the High Court to understand the nature of the allegations levelled in the complaint." 

Direction issued that "Chief Justice of High Court shall immediately withdraw the present criminal determination from the concerned Judge."  "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."

What is the Purpose of Criminal Proceedings in Indian Legal System ?

Purpose of Criminal Proceedings Explained 

"Criminal proceedings are not a proceeding for vindication of private grievance. They are initiated for the punishment of the offender in the interest of the society. It is for maintaining stability and orderliness in the society that certain acts are constituted offences and the right given to any citizen to set the machinery of criminal law into motion for the purpose of bringing the offender to book."

Hon'ble J. Vipin Sanghi in Bhajan Lal Sharma v. State GNCTD [2016] GCtR 5199 (Delhi)

Written by 

Vishal

Delhi

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S.138, NI Act, 1881 and Signing a Blank Cheque : The Legal Aspects

S.138, NI Act, 1881 and Signing a Blank Cheque : The Legal Aspects

In an issue arising out of Section 138 of Negotiable Instruments Act, 1881, it has been commented at Mojj Engineering Systems Ltd v A.B. Sugars Ltd [2008] GCtR 2935 (Delhi) thus: - 

 

"Since an undated cheque cannot be encashed, it can only mean that the petitioners had authorized the complainant to enter an appropriate date on it. In Young Vs. Grote (1827) 4 Bing. 253 it was held that when a blank cheque is signed and handed over, it means the person signing it has given an implied authority to any subsequent holder to fill it up. Similarly, in Scholfield Vs. Lord Londesborough (1895-1899) All ER Rep 282 it was held that whoever signs a cheque or accepts a bill in blank, and then puts it into circulation, must necessarily intend that either the person to whom he gives it, or some future holder, shall fill up the blank which he has left. This common law doctrine was also affirmed by Justice Macnaghten in Griffiths Vs. Dalton [1940] 2 KB 264 where it was held that the drawer of an undated cheque gives a prima facie authority to fill in the date. This aspect has also been incorporated in Section 20 of the Negotiable Instruments Act, which deals with Inchoate Stamped Instruments."

"The question whether the consideration for which the cheque was issued was ultimately satisfied or whether the cheque was wrongly sought to be encashed, are all issues that must also be decided at the trial."

Kindly note that full text Judgments of Hon'ble Delhi High Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

https://delhihighcourt.nic.in/judgment

Then entering the date of Judgment, for example, as  29 September 2008.

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.