Law cannot be used for settling scores: Court
Posted on Aug 02 2014 | IANS
New Delhi, Aug 1 : A court here has pulled up a woman for filing a false complaint and said the criminal justice system should not be allowed to be used as a tool for settling scores.
Metropolitan Magistrate Abhilash Malhotra said: "Criminal justice system should not be permitted to be used as a tool to settle scores, ventilate vengeance and as a means of coercive tactics, forcing the innocent to succumb and surrender his rights at the feet of the mischievous and the mighty."
He directed that a complaint be presented against the woman for filing a false case before a senior judge.
The order was delivered last week and released Friday.
The court was hearing a cheque bouncing case filed by Rani Devi against Pooja Bedi alias Gogi.
According to Devi, Bedi was facing a medical exigency and borrowed Rs.3,20,000 from her on the promise of returning it with high interest.
Bedi issued a cheque dated July 15, 2013 for a sum of Rs.4 lakh to Devi, which she claimed was dishonoured.
Bedi appeared before the court March 2014 in pursuance of summons issued against her and said the cheque was not issued by her and it does not pertain to her bank account. She told the court her name is only Gogi Rani and she is not Pooja Bedi.
The court held an inquiry and found the said bank account is in dormant condition and not registered in the name of accused Bedi. It noted the cheque in question was dishonoured because the signatures on it did not match with the specimen ones.
The court discharged Bedi saying the present case is not maintainable against her.
The court said Devi with intent to injure the accused has instituted false criminal proceedings, alleging that the cheque had bounced, knowing that there is no just or lawful ground for such proceedings against the accused. It added that the woman committed an offence by filing a false complaint.
It observed that Devi gave false evidence against Bedi.
The court said the criminal justice system should not only act to restore rights, rehabilitate the victims but also remain proactive towards the protection of innocent and honest citizens from false and vexatious prosecution.
"An acquittal or discharge in case of false prosecution is a task half done by reaching the truth," the court said.
"The other half is prosecution of those who base their claims on bedrock of false concoction. To maintain sanctity, purity of legal system and faith of people, the courts shall ensure that there is strong deterrent for false and vexatious prosecution."