Cheque bounce case – Matter referred to larger bench, whether on similar set of allegations of fact the accused can be tried for an offence under NI Act which is special enactment and also for offences under IPC unaffected by the prior conviction or acquittal and, the bar of Section 300(1) Cr.P.C. would attract for such trial?

(SC) Decided on: 11.08.2022

Cheque bounce case – Two complaints on same allegations i.e. one u/s 138 of NI Act and other under IPC – Matter referred to larger bench, whether the ratio of the judgment, in the case of G. Sagar Suri, (2000) 2 SCC 636 and Kolla Veera Raghav Rao (2011) 2 SCC 703 lay down the correct law? or The view taken in the case of Sangeetaben Mahendrabhai Patel (2012) 7 SCC 621 as followed in M/s V.S. Reddy and Sons Crl Appeal No. 1285 of 2015, decided on 28.09.2015 which is subsequent and conflicting, lay down the correct proposition of law? J. Vedhasingh v. R.M. Govindan & Ors., (SC) (2022) Law Today Live Doc. Id. 16969.

(SC) Decided on: 11.08.2022

Second Complaint u/s 138 of NI Act – Trial court convicted the accused – Appellate Court acquitted the accused solely based upon Yogendra Pratap Singh’s case, 2015 (1) RCR (Civil) 550 -- Hon’ble Apex Court held in that case, where the complaint was filed before the expiry of the period 15 days stipulated in the notice, the Court cannot take the cognizance thereof, however, the second complaint on the same cause of action has been held to be maintainable and the delay in filing such complaint shall be deemed to have been condoned -- Held, it cannot be said that the filing of the second complaint and passing of the summoning order therein, amounts to double jeopardy to the petitioner.

(P&H HC) Decided on: 16.01.2020

Conviction u/s 138 of NI Act – Trial and punishment under Section 420 IPC – Permissibility of – Section 300(1) of Cr.P.C. is wider than Article 20(2) of the Constitution -- While, Article 20(2) of the Constitution only states that 'no one can be prosecuted and punished for the same offence more than once' -- Section 300(1) of Cr.P.C. states that no one can be tried and convicted for the same offence or even for a different offence but on the same facts – Held in the case although the offences are different but the facts are the same -- Hence, Section 300(1) of Cr.P.C. applies -- Consequently, the prosecution u/s 420, IPC was barred by Section 300(1) of Cr.P.C.

(SC) Decided on: 01.02.2011