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2018 (12) TMI 1941 - SC - Indian LawsValidity of criminal proceedings - Appellant had withdrawn an earlier complaint without assigning reasons - transactions of commercial in nature - the ingredients of an offence were absent - remedy of the Appellant lay in filing a civil suit or not - violation of principles of natural justice - HELD THAT:- There is no provision in the Code of Criminal Procedure or any other statute which debars a complainant from making a second complaint on the same allegations, when the first complaint did not lead to conviction, acquittal or discharge. As held by this Court in JATINDER SINGH & ORS. VERSUS RANJIT KAUR [2001 (1) TMI 961 - SUPREME COURT], it is only when a complaint is dismissed on merits after an inquiry, that a second complaint cannot be made on the same facts. Maybe, as contended by the Respondents, the first complaint was withdrawn without assigning any reason. However, that in itself is no ground to quash a second complaint. In PRAMATHA NATH TALUKDAR VERSUS SAROJ RANJAN SARKAR [1961 (11) TMI 63 - SUPREME COURT], this Court dealt with the question whether the second complaint by the Respondent should have been entertained when the previous complaint had been withdrawn. The application Under Section 482 Code of Criminal Procedure was allowed and the complaint dismissed by the majority Judges observing that an order of dismissal Under Section 203 Code of Criminal Procedure was no bar to the entertainment of second complaint on the same facts, but it could be entertained only in exceptional circumstances, for example, where the previous order was passed on an incomplete record or a misunderstanding of the nature of the complaint or the order passed was manifestly absurd, unjust or foolish or where there were new facts, which could not, with reasonable diligence, have been brought on record in previous proceedings. Exercise of the inherent power of the High Court Under Section 482 of the Code of Criminal Procedure would depend on the facts and circumstances of each case. It is neither proper nor permissible for the Court to lay down any straitjacket formula for regulating the inherent power of the High Court Under Section 482 of the Code of Criminal Procedure - Power Under Section 482 Code of Criminal Procedure might be exercised to prevent abuse of the process of law, but only when, the allegations, even if true, would not constitute an offence and/or were frivolous and vexatious on their face. Mentioning of reasons for withdrawal of an earlier complaint is also not a condition precedent for maintaining a second complaint. In our considered opinion, the High Court clearly erred in law in dismissing the complaint, which certainly disclosed an offence prima facie. At the cost of repetition, it is reiterated that it was not for the High Court to enter the factual arena and adjudicate the merits of the allegations. The impugned order of the High Court quashing the complaint is set aside - Appeal allowed.
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