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2004 Supreme(SC) 1324

C.K.THAKKER, ARIJIT PASAYAT
Poonam Chand Jain – Appellant
Versus
Fazru – Respondent


JUDGMENT

Arijit Pasayat, J.-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 ap



































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