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Non-Mentioning Of Reasons For Withdrawal Of Earlier Complaint Not a Ground To Quash Second Complaint

In V. Ravi Kumar vs. State, the Madras High Court had quashed the complaint observing that the complainant had, without assigning any reason, withdrawn the first complaint and launched prosecution by filing a fresh complaint; that the complaint arose out of a commercial transaction; and that the complainant would have to approach the Civil Court for recovering dues if at all arising out of commercial transaction.

The Supreme Bench observed that there is no provision in the Criminal Procedure Code or any other statute which debars a complainant from making a second complaint on the same allegations, when the first complaint did not lead to conviction, acquittal or discharge. Referring to Jatinder Singh and Others v. Ranjit Kaur, the bench said that it is only when a complaint is dismissed on merits after an inquiry that a second complaint cannot be made on the same facts.

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