C.K. Thakker JUDGMENT
Arijit Pasayat, J.
1. An interesting point is raised in this appeal as to the effect of dismissal of a complaint filed under Section 200 of the Code of Criminal Procedure, 1973 (in short the 'Code') and whether second complaint can be filed.
2. Brief reference to the factual aspects as contended by the appellant would suffice.
3. Respondent-Fazru (hereinafter referred to as the 'complainant') filed a complaint No. 152 on 10.7.1992 which was dismissed by order dated 13.1.1994 by the Judicial Magistrate, 1st Class, Nuh, Haryana. On 12.2.1996 the complainant filed a revision before the Punjab and Haryana High Court which was numbered as Criminal Revision No. 43 of 1995. The said revision petition was dismissed by order dated 12.2.1996. Prior to the institution of a complaint 4 suits had been filed by the appellants' companies and other appellants in 1989 which were decreed by order dated 24.10.1997. In all these cases complainant-Fazru was defendant No. 1. In 1992 the complainant filed a Civil Suit No. 90 of 1992 in the Court of Civil Judge, Junior Division, Nuh. The same was dismissed for default on 7.10.1997. Complainant filed the complaint which forms subject matter of present appeal on 25.11.1997. According to the appellants process was directed to be issued by the learned Magistrate on 9.1.1999. Such action was assailed by filing a revision. By judgment dated 9.7.1999, learned Additional Sessions Judge, Gurgaon, allowed the revision and dismissed the complaint. It was, inter alia, held that protection under Section 300 of the Code was not available to the complainant. Aggrieved by said order, the complainant filed a revision petition No. 552 of 200 before the High Court. By the impugned order the High Court allowed the revision. Learned Judge held that if the present appellants had any grievance they could seek review of the summoning order with a view to get discharged in view of the provision of Section 245 of the Code.
4. In support of the appeal, Mr. Altaf Ahmad, learned senior counsel, submitted that the second complaint was nothing but a repetition of the averments of the first complaint and was in essence a fresh attempt to re-open the matters which have attained finality. The order of learned Additional Sessions Judge was justified and the High Court should not have interfered with it. It was pointed out with reference to various averments in the first complaint filed on 10.7.1992 and the second one filed on 25.11.1997 that both are founded on the same allegations. The averments were merely repeated and, therefore, no case for entertaining the second complaint was made out. That being so, the issuance of process was illegal and the learned Additional Sessions Judge had rightly interfered with it. The High Court was not justified in saying that present appellant should seek discharge in terms of Section 245 of the Code. It was submitted that though the second complaint can be entertained, the same has to be on establishing exceptional circumstances and not as a matter of routine.
5. In response, learned counsel for the respondent submitted that it is not correct to contend as done by the appellants that the averments were mere ........