POONAM CHAND JAIN Vs. FAZRU

JUDGEMENT

(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 2000 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.