Second complaint maintainable where earlier complaint was withdrawn and allegations prima facie disclosed fraud, forgery and cheating.

Withdrawal of an earlier complaint does not, by itself, bar a later complaint on the same facts unless the earlier matter was finally decided on merits after full consideration. In exercising inherent powers, the High Court should not quash criminal proceedings where the complaint, read as a whole, prima facie discloses cognizable offences and raises allegations of fraud, forgery and cheating from the inception. The existence of a civil or commercial dispute does not exclude criminal liability where dishonest intention is pleaded at the outset. On this basis, the criminal proceedings ought not to have been quashed, and the second complaint was maintainable.

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Issues: Whether the High Court was justified in quashing the criminal proceedings on the ground that the complainant had earlier withdrawn a complaint and that the dispute arose out of a commercial transaction, despite allegations disclosing fraud, forgery and cheating prima facie.

Analysis: A second complaint is not barred merely because an earlier complaint was withdrawn or did not end in conviction, acquittal or discharge. The maintainability of a second complaint depends on whether the earlier matter was decided on merits after full consideration; withdrawal or default, by itself, does not foreclose a fresh complaint. The scope of interference under Section 482 of the Code of Criminal Procedure is limited: where the allegations, taken at face value, disclose cognizable offences, the High Court should not enter the factual arena or assess the truth of the accusations. A civil remedy or commercial setting does not by itself negate criminal liability when the complaint alleges dishonest intention, forgery and cheating from the inception.

Conclusion: The High Court ought not to have quashed the criminal proceedings, since the complaint disclosed a prima facie case and the second complaint was maintainable.

Ratio Decidendi: Withdrawal of an earlier complaint does not bar a later complaint on the same facts unless the earlier complaint was finally decided on merits, and criminal proceedings cannot be quashed under inherent powers when the complaint, read as a whole, prima facie discloses cognizable offences.

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