The key contention resolved in this judgment from Hon’ble Apex Court is that “whether the High Court should have quashed the criminal proceedings being Crime No.54 of 2005 on the grounds that the appellant had withdrawn an earlier complaint without assigning reasons; the transactions being commercial in nature, the ingredients of an offence under the Sections referred to above were absent; and that the remedy of the appellant lay in filing a civil suit.”
From Para 22,
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.
From Para 23,
when a complaint is dismissed on merits after an inquiry, that a second complaint cannot be made on the same facts. Maybe, as contended by the respondents, the first complaint was withdrawn without assigning any reason. However, that in itself is no ground to quash a second complaint.
This legal principle is called as protection from Double Jeopardy as enshrined in Article 20(2) of Constitution of India as well as 300 CrPC.
V.Ravi Kumar Vs State of Tamilnadu on 14 December, 2018
Landmark judgment cited in this judgment is available here.
Shades of Knife
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