Hon'ble Supreme Court of India observed, -One of the paramount duties of the Superior Courts is to see that a person who is apparently innocent is not subjected to persecution and humiliation on the basis of a false and wholly untenable complaint. What was the share of the respective co-sharers is a question which is purely a civil dispute; a criminal court cannot determine the same.
this Court in Mahesh Chand v. B. Janardhan Reddy and Anr. (2003) 1 SCC 734, wherein it was opined that second complaint was not completely barred in law. This Court, however, in that decision itself held that the second complaint can lie only on fresh facts and/or if a special case is made out.
Further, second complaint on the same facts could be entertained only in exceptional circumstances, namely, where the previous order was passed on an incomplete record or on a misunderstanding of the nature of complaint or it was manifestly absurd, unjust or where new facts which could not, with reasonable diligence, have been brought on record in the previous proceedings, have been adduced.
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