The Supreme Court has held that a criminal complaint in India cannot be sustained when the issues raised have already been finally adjudicated by a competent court in a foreign country. The Court emphasised that reopening such disputes through criminal proceedings amounts to an abuse of the legal process.
⚖️ Key Findings of the Court
The Court observed that once a foreign court of competent jurisdiction has conclusively decided a dispute, the same issues cannot be reagitated in India by giving them a criminal colour.
It clarified that criminal law should not be used as a tool to re-litigate matters that are essentially civil or commercial in nature and have already attained finality abroad.
The Bench noted that permitting such prosecutions would undermine principles of finality, judicial discipline, and international comity.
📝 Rationale
The judgment underlined that Indian courts must respect the conclusiveness of foreign judgments, particularly where parties have participated in the proceedings and remedies have been exhausted.
Allowing parallel criminal proceedings in India in such cases would lead to forum shopping and unnecessary harassment of the accused.
📌 Significance
This ruling reinforces safeguards against misuse of criminal law in cross-border disputes and affirms that litigants cannot bypass unfavourable foreign judgments by initiating criminal action in India on the same cause of action.
