Whether proceedings under Section 420 IPC are barred when the MM Court has acquitted the accused under Section 138 NI in a same or similar cause?

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 Whether proceedings under Section 420 IPC  are barred when the MM Court has acquitted the accused under Section 138 NI in a same or similar cause?[1]

Shubham Budhiraja[2]




(I)                 In the judgment of Sangeetaben Mahendrabhai Patel v. State of Gujarat and Anr, (2012) 7 SCC 621 it was held that the requirement to prove an offence under the NI Act and an offence under the IPC is different, and it was observed that there may be some overlapping of facts but the ingredients of the offences are entirely different, therefore, the subsequent cases are not barred by any statutory provisions.

 

(II)               While in the case of G. Sagar Suri and Anr. v. State of UP and Others, (2000) 2 SCC 636, and Kolla Veera Raghav Rao v. Gorantla Venkateswara Rao and Anr, (2011) 2 SCC 703, the Court concluded that as per Section 300(1) Cr.P.C. no one can be tried and convicted for the same offence or even for a different offence on the same facts, therefore, the prosecution under Section 420 of the IPC is barred by Section 300(1) of Cr.P.C and accordingly liable to be quashed.

 

(III)             The view taken in both the cases are conflicting to each other and thus referred to a larger bench to decide.

 


[1] SLP (CRL.) NO.2864 OF 2019

[2] Advocate, Delhi High Court [LLB,ACS,BCOM(H)], Budhirajalawchambers@gmail.com

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