
The Supreme Court set aside an Allahabad High Court order that allowed criminal proceedings for the recovery of money in a civil dispute. The Court criticised Justice Prashant Kumar’s reasoning, calling it “shocking” and “untenable.”
The Supreme Court held that permitting criminal prosecution as a substitute for civil remedy undermines established legal principles. The Supreme Court directed the Chief Justice of the High Court to ensure he sits only with a senior judge.
The matter arose from a complaint over unpaid dues in a commercial transaction. The case was remanded to be heard afresh by another bench.
[M/S Shikhar Chemicals v State of Uttar Pradesh]
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