Legally enforceable debt & double jeopardy

Querist : Anonymous (Querist) 04 December 2011 This query is : Resolved
X initiated cheque bounce case on Y for Rs.100,000/-.
That case was dismissed.
Once again X initiated a cheque bounce case on Y for Rs.125,000/-. He claims that Y had issued a second cheque along with interest on Rs.100,000/- which was the subject matter of the previous case, which in turn was dismissed.
He is not having any other document except that of the cheque.

The defense is that:-
1. The there is no legally enforceable debt, just because the case for principal amount is dismissed, so the case for principal + interest is not legally enforceable.
2. The second case is not maintainable on the following grounds:-
a. Article 20(2) states: “no person shall be prosecuted and punished for the same offence more than once.”
b. 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.
Learned experts please give your views on the above defence. If you could provide case laws I will be very happy.

Follow Query

Report Abuse

DEFENSE ADVOCATE.-firmaction@g (Expert) 04 December 2011
If the pleadings in the complaint mention earlier cheque it will surely attract double jeopardy.

M/s. Y-not legal services (Expert) 04 December 2011
do you want case law mean you are advocate?

Shonee Kapoor (Expert) 05 December 2011
First you plead double jeopardy, the argument stage would come too late.

By that time, expect your lawyer to find relevant case law.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Sailesh Kumar Shah (Expert) 05 December 2011
plead as you quoted both provisions and find case law own at www.indiankanoon.org.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries