Delhi High Court imposes ₹1 lakh fine on lawyer

The Delhi High Court recently imposed a fine of ₹1 lakh on a lawyer for resuscitating the same plea for the third time and pressing with the application despite repeated warnings from the Court [Late Akshem Chand through LR Atlo Devi v Suresh Bala & Ors]..Justice C Hari Shankar imposed the costs after noting that despite repeated warnings, the lawyer, who was aware of the law and procedures, decided to continue with the application.The application was filed seeking institution of criminal proceedings against the respondents on allegations that they had obtained an order before the trial court through fraud. “This Court has had to spend almost over 40 minutes in hearing the arguments of the applicant and has had to spend another half an hour in dictating the present order… It is not for this Court to divine the motives of the applicant in acting that he has. The Court, however, has to ensure that such misadventures and transparent attempts at abusing the legal process are nipped in the bud, so that other such trigger-happy litigants are deterred from committing similar misdemeanours,” the Court said..The Court passed the order while dealing with an application filed under Section 340 of the Code of Criminal Procedure (CrPC)) in a regular second appeal filed by the legal heirs of the one Akshem Chand against the order of the trial court.The suit was instituted by Angad Ram and Suresh Bala against Chand. Ram and Bala claimed to be absolute owners of a property in which they had allowed Chand and his family to stay as licensees.The suit was decreed in favour of Ram and Bala and Chand failed to get any relief in the appeals preferred before the District Judge as well High Court and the Supreme Court.Subsequently, he filed applications seeking declaration that the order from the trial court was obtained by fraud by forging one of the documents.After it was rejected by the trial court, he preferred an application under Section 340 CrPC before the High Court..The High Court considered the case and said that this was the third time that the issue was being resuscitated.It further noted that when the legal process is abused by members of the legal fraternity who are supposed to be its protectors and preservers, the Court has to take an extremely stern view of the matter.“The applicant is a practicing advocate. This Court cannot believe that the applicant is unaware of the law. It is obviously in full knowledge and consciousness of what he is doing, and the manner in which he is abusing the legal process with impunity, that the applicant has filed the present application,” the Court said.It, therefore, imposed ₹1 lakh fine and ordered the applicant to deposit the money with the Delhi High Court Legal Services Committee (DHCLSC) within four weeks.“No application seeking review of the present order shall be entertained by the Registry till proof of payment of costs is tendered by the applicant," the Court further said. .Advocate Swadesh Kumar appeared for the legal heirs of appellant Akshem Chand.None appeared for the respondents. .[Read Judgment]