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2020 (4) TMI 411 - HC - Indian LawsMaintainability of Special Leave to appeal - right to appeal - case of respondent is that in absence of an order of acquittal passed by the learned Magistrate, no right of appeal is conferred by statute upon the appellant/complainant - whether on the dismissal of a complaint consequent upon rejection of an application for condonation of delay, the same amounts to acquittal of the accused? - HELD THAT:- An order of dismissal of first complaint under Section 203 CrPC is no bar for the entertainment of a second complaint on the same facts but it can be entertained only in exceptional circumstances such as where the previous order was passed on incomplete record, or on a misunderstanding of the nature of the complaint or where new facts which could not, with reasonable diligence, have been brought on record in the previous proceeding. The fact that a second complaint can be entertained on same facts, albeit in exceptional circumstances, after dismissal of a complaint under Section 203 CrPC, demonstrates that dismissal of a complaint at every stage does not automatically result in acquittal of the accused because if the accused is acquitted, such acquittal can be questioned only by taking recourse to Section 378 (4) CrPC. - dismissal of a complaint under Section 203 CrPC is at a stage prior to issuance of process. In the instant cases, no cognizance of any offence was taken by the Court and even the cognizance of the complaint was not taken as the Court had rejected the applications for condonation of delay in not making the complaints within the prescribed period and therefore, there was no occasion to issue summons to the accused. It is manifest that criminal proceedings had not commenced based on the complaints. When criminal proceedings had not commenced, it will be incongruous to hold that the accused stands acquitted with the dismissal of the complaint - thus, in a circumstance where a complaint is dismissed as a consequence of the Court being not satisfied that the complainant had sufficient cause for not making the complaint within the prescribed period, the same does not result in acquittal of the accused. These leave petitions seeking leave to appeal are not maintainable.
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