2008 (3) TMI 719 - HC - Indian Laws

Summary

Issues involved:
The petition seeks the quashing of Complaint Case No. 458 of 2001 u/s 482 of CrPC concerning multiple offenses under IPC pending in the Court of the Metropolitan Magistrate, Delhi.

Details of the Judgment:

1. Multiple Complaints on Same Set of Facts:
The petitioner challenged the third complaint filed by AFGIS, alleging that it was based on the same set of facts as the earlier two complaints. The Supreme Court's judgments in G. Sagar Suri v. State of U.P. and T.T. Antony v. State of Kerala were cited to support the argument that filing multiple complaints on the same transaction is an abuse of the legal process.

2. Contentions and Analysis:
The complaints filed by AFGIS pertained to investments in NCDs, dishonored cheques, and security shares. The court observed that all three complaints related to the same facts but provided incomplete information. The offenses mentioned in the third complaint were common to all three, indicating a repetitive nature of the complaints.

3. Abuse of Legal Process:
Referring to the Supreme Court's disapproval of filing subsequent cases on the same allegations, the court concluded that the third complaint was an abuse of the legal process. It was deemed impermissible to allow the complainant to pursue the third complaint based on the same facts as the earlier two complaints.

4. Judgment and Quashing of Complaint:
In light of the above analysis, the court quashed Complaint Case No. 458 of 2001 along with all proceedings, including the summoning order. The petition was allowed without any costs imposed.

This judgment highlights the importance of avoiding the abuse of legal processes by filing repetitive complaints on the same set of facts, as established by relevant Supreme Court precedents.