SUPREME COURT AFFIRMS HIGH COURT’S STAND: DENOUNCES BORROWER’S ATTEMPT TO EVADE LEGAL OBLIGATIONS THROUGH BASELESS FIRS AND MISUSE OF CRIMINAL JUSTICE SYSTEM

AUTHOR – SURBHI GOEL, INDEPENDENT AUTHOR, EMAIL – SURBHI@HYENACONSULTANTS.COM

BEST CITATION – SURBHI GOEL, SUPREME COURT AFFIRMS HIGH COURT’S STAND: DENOUNCES BORROWER’S ATTEMPT TO EVADE LEGAL OBLIGATIONS THROUGH BASELESS FIRS AND MISUSE OF CRIMINAL JUSTICE SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 1029-1030, APIS – 3920 – 0001 & ISSN – 2583-2344

Case overview: In a significant reaffirmation of the rule of law, the Hon’ble Supreme Court of India recently struck a decisive blow to frivolous attempts at weaponizing criminal law to escape civil liabilities. By upholding the judgment delivered by the Hon’ble High Court of Allahabad in Criminal Writ Petition No. 2140 of 2023 and dismissing the Special Leave Petition (Diary No. 42952 of 2024), the Apex Court, reinforced that debtors cannot sidestep their legal obligation to repay dues by resorting to misuse the criminal justice system. The judgment highlights that criminal law cannot be employed as a shield to derail legitimate claims arising from contractual obligations.