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2022 (1) TMI 859 - HC - Indian LawsDishonor of Cheque - seeking relief in the nature of Public Interest Litigation - personal or vested interest or not - HELD THAT - It is evident that this is not a Public Interest Litigation but is a private and publicity interest litigation. It has been held by the Supreme Court in several judgments that while seeking relief in the nature of Public Interest Litigation, the Petitioner should have no personal or vested interest and should not be guided by any self-gain. In the garb of so-called Public Interest Litigation, the Petitioner is seeking to in effect challenge the order passed by Learned MM with regard to execution of bailable warrants, in a matter relating to Section 138 of Negotiable Instruments Act, 1881. The vested interest of the Petitioner is, therefore, writ large and the petition deserves to be dismissed on this short ground. Petition dismissed.
Issues:
1. Nature of the writ petition filed - Public Interest Litigation or private interest litigation. 2. Challenge to the order passed by the Learned MM regarding execution of bailable warrants in a case related to Section 138 of the Negotiable Instruments Act, 1881. 3. Allegations against the Petitioner, a practicing advocate, regarding past conduct in filing criminal complaints and not prosecuting them. 4. Impleading the learned Judge of the Court in the petition and the objection raised by the Respondents regarding this practice. Issue 1: Nature of the Writ Petition The High Court examined the nature of the writ petition filed, determining whether it was a Public Interest Litigation (PIL) or a private interest litigation. It was observed that despite being styled as a PIL, the petition appeared to serve the petitioner's personal or publicity interests rather than a genuine public interest. Citing precedents, the court emphasized that PIL should not be driven by personal gain or vested interests but should aim at redressing genuine public wrongs. The judgment highlighted the need to prevent the misuse of PIL for ulterior motives and personal vendettas, emphasizing the importance of acting bona fide in public interest litigation. Issue 2: Challenge to the Order Regarding Execution of Bailable Warrants The petitioner had filed a writ petition challenging an order by the Learned MM concerning the execution of bailable warrants in cases related to dishonor of cheques under Section 138 of the Negotiable Instruments Act, 1881. The court noted that the petitioner's motive in filing the petition was to challenge the trial court's decision on executing warrants, indicating a vested interest in the matter. Consequently, the court found the petition to be an attempt to challenge a specific order rather than a genuine PIL, leading to the dismissal of the petition on the grounds of vested interest. Issue 3: Allegations Against the Petitioner The Respondents raised objections regarding the petitioner's conduct as a practicing advocate, highlighting past instances where the petitioner filed criminal complaints but did not pursue them after obtaining summons. This behavior raised concerns about the petitioner's motives and intentions, suggesting a pattern of filing complaints without genuine prosecution. The court took note of these objections, indicating a pattern of behavior that undermined the credibility of the petitioner's actions in legal proceedings. Issue 4: Impleading the Learned Judge in the Petition The Respondents objected to the petitioner's practice of impleading the learned Judge whose order was being challenged in the petition. This practice was viewed as a form of pressure tactics, potentially influencing the judicial process. The court addressed this objection by directing the removal of the learned Judge from the array of parties in the petition, emphasizing the need to maintain the integrity of the judicial process and avoid undue influence or pressure tactics. In conclusion, the High Court dismissed the writ petition due to the petitioner's vested interests, highlighting the importance of maintaining the integrity of PIL and legal proceedings. The judgment underscored the need for genuine public interest litigation and cautioned against using legal processes for personal gain or ulterior motives.
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