sec.102EFurther proceedings on a dismissed or struck out complaint prohibited

### sec.102E Further proceedings on a dismissed or struck out complaint prohibited If there is made, upon an application made under section 102C (1) or upon an appeal from a decision therein duly instituted under section 102D , an order having the effect that a private complaint be dismissed or if a magistrate orders that a private complaint be struck out pursuant to section 102C (2A) , the complaint shall be taken to be dismissed at the time when the order takes effect as prescribed by subsection (2) or, as the case may be, shall be taken to be struck out, and no further proceedings shall be had upon a private complaint charging the same offence by the same defendant. An order referred to in subsection (1) having the effect that a private complaint be dismissed— if it be that of a magistrate and no appeal is duly instituted under section 102D —shall take effect upon the expiration of the time limited by that section for instituting an appeal; or if it be that of a magistrate and an appeal is duly instituted under section 102D —shall abide the determination of the appeal or, as the case may be, shall take effect upon the appeal being struck out, whichever event occurs; or if it be that of a judge of the Supreme Court—shall take effect according to the rules of the Supreme Court. s 102E prev s 102E ins 1979 No. 2 s 12 om 1979 No. 43 s 2 pres s 102E ins 1979 No. 43 s 3 amd 2010 No. 26 s 84 ; 2010 No. 42 s 120 sch (sec.102E-ssec.1) If there is made, upon an application made under section 102C (1) or upon an appeal from a decision therein duly instituted under section 102D , an order having the effect that a private complaint be dismissed or if a magistrate orders that a private complaint be struck out pursuant to section 102C (2A) , the complaint shall be taken to be dismissed at the time when the order takes effect as prescribed by subsection (2) or, as the case may be, shall be taken to be struck out, and no further proceedings shall be had upon a private complaint charging the same offence by the same defendant. (sec.102E-ssec.2) An order referred to in subsection (1) having the effect that a private complaint be dismissed— if it be that of a magistrate and no appeal is duly instituted under section 102D —shall take effect upon the expiration of the time limited by that section for instituting an appeal; or if it be that of a magistrate and an appeal is duly instituted under section 102D —shall abide the determination of the appeal or, as the case may be, shall take effect upon the appeal being struck out, whichever event occurs; or if it be that of a judge of the Supreme Court—shall take effect according to the rules of the Supreme Court. - (a) if it be that of a magistrate and no appeal is duly instituted under section 102D —shall take effect upon the expiration of the time limited by that section for instituting an appeal; or - (b) if it be that of a magistrate and an appeal is duly instituted under section 102D —shall abide the determination of the appeal or, as the case may be, shall take effect upon the appeal being struck out, whichever event occurs; or - (c) if it be that of a judge of the Supreme Court—shall take effect according to the rules of the Supreme Court.