Punjab and Haryana High Court Cracks Down on Forum Shopping with Exemplary Fine
In a decisive move to curb the misuse of judicial processes, the Punjab and Haryana High Court has dismissed a second anticipatory bail petition filed by an alleged fraudulent travel agent, imposing exemplary costs of Rs 20,000. Justice Sumeet Goel delivered a stern warning against forum shopping and the abuse of judicial time, highlighting the detrimental impact on legal integrity.
Case Background: Alleged Fraud and Deceptive Practices
The case revolves around Sukhwinder Singh, who faces charges under an FIR registered at police station Phillaur for cheating and criminal breach of trust. According to prosecution details, Singh allegedly posed as a travel agent and promised the complainant, Prabhjot Singh, a work permit and visa for Spain in exchange for Rs 5,00,000. The complainant and his family transferred a total of Rs 3,65,000 to bank accounts provided by the petitioner.
To further the deception, Singh sent a fake copy of a visa via mobile phone. The fraud was uncovered when the complainant's passport was returned without any valid visa endorsement. When Prabhjot Singh demanded a refund, the petitioner allegedly resorted to threats, escalating the legal stakes.
Judicial Criticism: Hit-and-Try Methodology Condemned
Justice Goel sharply criticized the petitioner for employing what the court termed a hit-and-try methodology. Singh's first attempt at pre-arrest bail was dismissed as withdrawn in July 2025. After remaining at large for over seven months, he filed a second petition without any substantial change in circumstances.
The judge observed, "A litigant who approaches the same court for the same relief, absent any material change in circumstances, engages in a stratagem of attrition that is less a pursuit of justice and more an exercise of testing the waters." This behavior was described as a malady striking at the root of judicial propriety, undermining public faith in legal consistency.
Court Ruling: Dismissal and Imposition of Costs
The court ruled that the petition was not only meritless due to the severity of the allegations but also procedurally flawed. Rejecting the bail plea, Justice Goel directed the petitioner to deposit Rs 20,000 with the Chief Judicial Magistrate (CJM) in Jalandhar within four weeks.
Key directives include:
- If the fine is unpaid, the deputy commissioner of Jalandhar is authorized to recover the amount as arrears of land revenue.
- The funds will be remitted to the Punjab State Legal Services Authority to support legal aid initiatives.
The court emphasized that such procedural adventurism must be nipped in the bud to prevent erosion of public trust. This ruling serves as a precedent to deter similar abuses and uphold the sanctity of judicial processes in the region.
