second complaint on new facts against the same accused is maintainable,

14. As regards the submission made by learned Senior Counsel, Mr. Luthra that the second complaint at the instance of the respondent no. 2 on the same set of facts against the same accused was not maintainable, it may be noted that the law in this regard is quite well settled since 1962. In case of Pramatha Nath Talukdar Vs. Saroj Ranjan Sarkar3 , it was held with regard to filing of the second complaint that a fresh complaint could be entertained after the dismissal of previous complaint under Section 203 of the Criminal Procedure Code when there was manifest error or manifest miscarriage of justice or when fresh evidence was forthcoming. It was further held that an order of dismissal under Section 203 of the Criminal Procedure Code is no bar to the entertainment of a second complaint on the same facts, but it will be entertained only in exceptional circumstances, e.g. that the previous order was passed on an incomplete record or on a misunderstanding of nature of complaint or it was manifestly 3 AIR 1962 SC 876 16 absurd, unjust or foolish or where new facts which could not, with reasonable diligence, have been brought on record in the previous proceedings have been adduced. The precise observations made in para 48 thereof may be reproduced hereunder : “48. Under the Code of Criminal Procedure the subject of “complaints to Magistrates” is dealt with in Chapter XVI of the Code of Criminal Procedure. The provisions relevant for the purpose of this case are Sections 200, 202 and 203. Section 200 deals with examination of complainants and Sections 202, 203 and 204 with the powers of the Magistrate in regard to the dismissal of complaint or the issuing of process. The scope and extent of Sections 202 and 203 were laid down in Vadilal Panchal v. Dattatraya Dulaji Gha Digaonkar [Vadilal Panchal v. Dattatraya Dulaji Gha Digaonkar, AIR 1960 SC 1113 : 1960 Cri LJ 1499] . The scope of enquiry under Section 202 is limited to finding out the truth or otherwise of the complaint in order to determine whether process should issue or not and Section 203 lays down what materials are to be considered for the purpose. Under Section 203 of the Criminal Procedure Code the judgment which the Magistrate has to form must be based on the statements of the complainant and of his witnesses and the result of the investigation or enquiry, if any. He must apply his mind to the materials and form his judgment whether or not there is sufficient ground for proceeding. Therefore if he has not misdirected himself as to the scope of the enquiry made under Section 202 of the Criminal Procedure Code, and has judicially applied his mind to the material before him and then proceeds to make his order it cannot be said that he has acted erroneously. An order of dismissal under Section 203 of the Criminal Procedure Code, is, however, no bar to the entertainment of a second complaint on the same facts but it will be entertained only in exceptional circumstances, e.g., where the previous order was passed on an incomplete record or on a misunderstanding of the nature of the complaint or it was manifestly absurd, unjust or foolish or where new facts which could not, with reasonable diligence, have been brought on the record in the previous proceedings, have been adduced. It cannot be said to be in the interests of justice that after a decision has been given against the complainant upon a full consideration of his case, he or any other person should be given another opportunity to have his complaint enquired into. Allah Ditta v. Karam Bakhsh [Allah Ditta v. Karam Bakhsh, 1930 SCC OnLine Lah 268 : AIR 1930 Lah 879] ; R.N. Choubey v. P. Jain [R.N. Choubey v. P. Jain, 1948 SCC OnLine Pat 85 : AIR 1949 Pat 256] ; Hansabai Sayaji Payagude v. Ananda Ganuji Payagude [Hansabai Sayaji Payagude v. Ananda Ganuji Payagude, 1949 SCC OnLine Bom 99 : AIR 1949 Bom 384] and Doraiswami Ayyar v. T. Subramania Ayyar [Doraiswami Ayyar v. T. Subramania Ayyar, 1917 SCC OnLine Mad 167 : AIR 1918 Mad 484] . In regard to the adducing of new facts for the bringing of a fresh complaint the Special Bench in the judgment under appeal did not accept the view of the Bombay High Court [Hansabai Sayaji Payagude v. Ananda Ganuji Payagude, 1949 SCC OnLine Bom 99 : AIR 1949 Bom 384] or the Patna High Court [R.N. Choubey v. P. Jain, 1948 17 SCC OnLine Pat 85 : AIR 1949 Pat 256] in the cases above quoted and adopted the opinion of Maclean, C.J. in Queen Empress v. Dolegobind Dass [Queen Empress v. Dolegobind Dass, 1900 SCC OnLine Cal 229 : ILR (1901) 28 Cal 211] affirmed by a Full Bench in Dwarka Nath Mondul v. Beni Madhab Banerjee [Dwarka Nath Mondul v. Beni Madhab Banerjee, 1901 SCC OnLine Cal 242 : ILR (1901) 28 Cal 652] . It held therefore that a fresh complaint can be entertained where there is manifest error, or manifest miscarriage of justice in the previous order or when fresh evidence is forthcoming.” 15. The said observations made in the Pramatha Nath Talukdar (supra) case were reiterated in various later decisions in case of Jatinder Singh and others Vs. Ranjit Kaur4 , in case of Ranvir Singh Vs. State of Haryana and Another5 , in case of Poonam Chand Jain and Another Vs. Fazru6 , as also in the latest decision in case of Samta Naidu and Another Vs. State of Madhya Pradesh and Another7 . Thus, having regard to the said legal position, it could not be said that the trial court had committed any error in entertaining the complaints filed by the respondent complainant, when the previous complaint filed by him was pending before the other court, and more particularly when the said court had dismissed the said previous complaint for nonprosecution, without taking cognizance of the alleged offences therei