Supreme Court has held that if the core of both the complaints is same, the second complaint ought not to be entertained where first complaint was dismissed. The case is titled as SAMTA NAIDU & ANR vs STATE OF MADHYA PRADESH AND ANR. decided on 02.03.2020.
Supreme Court observed and held as under:
"To similar effect are the conclusions in Ranvir Singh and Poonam Chand Jain . Para 16 of the Poonam Chand Jain also considered the effect of para 50 of the majority judgment in Talukdar. These cases, therefore, show that if the earlier disposal of the complaint was on merits and in a manner known to law, the second complaint on “almost identical facts” which were raised in the first complaint would not be maintainable. What has been laid down is that “if the core of both the complaints is same”, the second complaint ought not to be entertained.
If the facts of the present matter are considered in the light of these principles, it is clear that paragraphs 3, 4 and 5 in the first complaint contained the basic allegations that the vehicle belonging to the father was sold after the death of the father; that signatures of the father on Form 29 and 30 were forged; that signatures on the affidavit annexed with Form 29 and 30 were also forged; and that on the basis of such forged documents the benefit of “sale consideration of the vehicle” was derived by the accused. The order dated 5.7.2013 passed by the Judicial Magistrate First Class, shows that after considering the evidence and documents produced on behalf of the complainant, no prima facie case was found and the complaint was rejected under Section 203 of the Code of Criminal Procedure, 1973.
The stand taken before the Revisional Court discloses that at that stage some new facts were said to be in possession of the complainant and as such liberty was sought to withdraw the Revision with further liberty to file a fresh complaint. The liberty was not given and it was observed that if there were new facts, the complainant, in law would be entitled to present a new complaint and as such there was no need of any permission from the Court.
The Revisional Court was definitely referring to the law laid down by this Court on the basis of the principles in Taluqdar. Thereafter a complaint with new material in the form of a credit note and Registration Certificate was filed. The core allegations, however, remained the same. The only difference was that the second complaint referred to additional material in support of the basic allegations. Again, in terms of principle laid down in para 50 of Taluqdar as amplified in para 16 in Poonam Chand Jain , nothing was stated as to why said additional material could not be obtained with reasonable diligence".
Read the Order here:
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