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Bombay High Court Allows Appeal Against Dismissal of Private Complaint in Default, Restores Complaint for Trial on Merits. The court held that dismissal of a private complaint in default amounts to acquittal, and the Magistrate must hear the complainant before dismissing the complaint.

The appellant, Sitaram Dhanad, filed a private complaint before the Judicial Magistrate, First Class, Gangapur, alleging that on 1.8.2009, the respond...

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Bombay High Court Quashes Criminal Complaint as Abuse of Process in Counter-Blast to Earlier Complaint. The court held that a complaint filed as a counter-blast to an earlier complaint is an abuse of process of law under Section 482 CrPC.

The applicants, who are accused in Regular Complaint Criminal Case No.14/2004 pending before the Judicial Magistrate First Class, Kelapur, filed an ap...

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Bombay High Court Quashes Process Issuance for Offences of Cheating and Forgery on Second Complaint Filed Without Disclosing Dismissal of Earlier Complaint. Second Complaint on Same Facts Not Maintainable in Absence of Exceptional Circumstances, Held Abuse of Process.

The petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, challenged the order of the...

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Bombay High Court Quashes Criminal Complaint Against Company Directors Due to Section 195(1)(b)(i) CrPC Bar. Allegations of Filing False Affidavits and Documents in Court Proceedings Required Court's Written Complaint, Not Private Complaint Under Section 156(3).

The dispute arose from a criminal complaint filed by Shree Hari Rice & Agro Ltd. (respondent no.1) against M/s Lan Eseda Industries Ltd. (petitioner) ...

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Bombay High Court Quashes Second Criminal Complaint in Partnership Dispute Due to Settlement of First Complaint — Principle of Constructive Res Judicata Under Section 300 CrPC Applied. Second Complaint on Same Cause of Action Held Not Maintainable as Abuse of Process of Court.

The petitioners, Kamlesh and Ankur Mehta, and respondent no.2, Rajanand Sarde, entered into a partnership on 29th January 2004 to manufacture self-net...