In Brief
Sergi, a company making transformer fire protection systems, inadvertently submitted technical drawings to a customer (DTL) on 24 December 2010, violating an interim injunction order. The rival company CTR filed a criminal perjury complaint, alleging deliberate deception. The High Court directed prosecution. Sergi appealed, claiming the submission resulted from a communication gap within the company—operational staff were unaware of the injunction—and tendered an unconditional apology. The Supreme Court held that the High Court failed to examine whether prosecution served the interest of justice. A court cannot direct criminal prosecution merely at a party's request; it must weigh circumstances like sincere apology, plausible explanation, and lack of defiant intent. The Court set aside the prosecution order and allowed the appeal.
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