PRITAM SINGH Vs. S RAJINDER SINGH

JUDGEMENT

(1.) THIS petition under Section 561 -A of the Criminal Procedure Code for quashing the proceeding in a complaint under Section 420 R.P.C, initiated by the learned 1st Additional Munsiff, Judicial Magistrate 1st Class, Srinagar, arises in the following circumstances.

(2.) THE respondent No. 1 had filed a complaint under Section 420 R. P, C, against the petitioner and respondent No. 2 in the Court mentioned above. The petitioner and respondent No. 2 (accused persons) appeared in the court and the respondent No 1 (complaintant) was directed to lead his evidence, The respondent No. 1 as complaintant in the case had deposited witness expenses for summoning of his witnesses. The witnesses did not get their statements recorded in the court for some time. On one hearing the complaint too was not present and the court dismissed the complaint on 12 -7 -1979 The court showed the order of discharge as acquittal On 17 -7 -1979 a fresh complaint was instituted by him and the Court issued a process against the petitioner and respondent No. 2 and accused persons

(3.) THE petitioner contends in this petition that fresh proceedings could not be intiated in the complaint on the same facts, as the dismissal of the complaint operated as an acquittal under Section 403 Cr P C