AJIT SINGH Vs. MAKHAN SINGH

JUDGEMENT

(1.) AJIT Singh filed complaint under Section 4-B and Section 6 of the Dowry Prohibition Act and under Section 406 of the Indian Penal Code against Makhan Singh respondent and four others on 19.11.1986. After recording the preliminary evidence only Makhan Singh respondent was summoned to stand his trial under Section 406 of the Indian Penal Code while the complaint regarding the other accused was dismissed. Makhan Singh appeared in the Court and thereafter the case was fixed for recording evidence of the complainant. The said complaint was dismissed for want of prosecution in the absence of the complainant on 16.8.1990 vide order of Judicial Magistrate 1st Class, Jalandhar.

(2.) THEREAFTER Ajit Singh filed fresh complaint on 24.8.1990 on same facts and after recording statement of Ajit Singh, a complainant, the trial Magistrate summoned Makhan Singh accused to stand his trial under Section 406 of the Indian Penal Code vide order dated 2.7.1991. Aggrieved against the summoning order, Makhan Singh accused filed a revision petition, which was allowed by the Additional Sessions Judge, Jalandhar, vide his order dated 21.5.1993 holding that the second complaint was not competent and the impugned order summoning Makhan Singh accused was set aside. Against the aforesaid order passed by the Additional Sessions Judge, Jalandhar, Ajit Singh has come up in revision.

(3.) RELIANCE in this respect has rightly been placed on the authority of the apex Court in Pramatha Nath Talukdar v. Saroj Ranjan Sarkar, AIR 1962 SC 876 wherein as per majority view it was held as follows :-