Mohammad Swalesh Ansari and Ors. vs Haji Mohammad Qasim & Anr.

Krishna Kumar, J.—This revision has been filed against the order dated 1681984 summoning the revisionists under Section 448, IPC. Learned Counsel for the revisionists contended that earlier, a complaint No. 89xl of 1981 was filed by the complainant Haji Mohammad Qasim against the three revisionists and the revisionists were summoned. The revisionists filed revision again summoning order and the said order was set aside and proceedings were quashed by this Court vide order dated 30 111995. With totally, similar facts, the complaint of the present case was filed although in different sections and the revisionists arc summoned and on the ground of earlier order, this order is also to be set aside. I perused the contents of complaint No. 891 of 1981 (Annexure Mo. A'') and the contents of complaint No. 497 of 1984 and found that although, the earlier case was lodged under Sections 409 and 420, IPC the present complaint was lodged under Sections 447,448,453 & 506, IPC and Section 106, Cr PC but the allegations about main offence are totally similar. It is also clear that to make out a fresh case, the facts were further added but it is clear that the dispute was the same for which earlier complaint was filed and the revisionists were summoned, however, this Court quashed the proceedings.

In view of the earlier order of this Court, the present proceedings were also to be quashed. It is also very clear that it is a case of dispute between partners about partnership firm and its accounting and because the earlier proceedings were quashed on this ground, the present order for summoning the revisionist is also to be set aside. Learned Counsel for the revisionists placing reliance upon 1997 JIC 216, as over that the revision was not completely barred against the summoning order. It may also be stated that it shall be misuse of process of law if the revision is not entertained by this Court where clearly the learned lower Court committed illegality in summoning the revisionists in a case which is of purely civil nature.

In the above discussion, the revision is allowed. The impugned order dated 1681984 is set aside.

Revision allowed.