https://www.taxtmi.com/caselaws?id=169750 A complaint dismissed for default is not an adjudication on merits and does not amount to acquittal or discharge, so a second complaint on the same facts is generally maintainable; the bar against a fresh complaint applies only where the earlier dismissal was on merits, save in exceptional cases. Mere omission to disclose the earlier default dismissal does not by itself show suppression or lack of bona fides, especially where the second complaint is filed shortly after the first before the same Magistrate. The restored complaint and proceedings were therefore upheld. en-us Tue, 30 Jan 2001 00:00:00 +0530 Sat, 02 May 2015 14:58:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=169750 A complaint dismissed for default is not an adjudication on merits and does not amount to acquittal or discharge, so a second complaint on the same facts is generally maintainable; the bar against a fresh complaint applies only where the earlier dismissal was on merits, save in exceptional cases. Mere omission to disclose the earlier default dismissal does not by itself show suppression or lack of bona fides, especially where the second complaint is filed shortly after the first before the same Magistrate. The restored complaint and proceedings were therefore upheld. Case-Laws Indian Laws Tue, 30 Jan 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=169750