Negotiable instruments act

Querist : Anonymous (Querist) 28 July 2022 This query is : Resolved
sirs,
can anybody provide me supreme court ruling to the effect that simultaneous prosecution of the accused u/s 420 IPC and 138 NI Act on the same fact is NOT allowed ?

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kavksatyanarayana (Expert) 31 July 2022
Search"main.sci.gov.in" for Judgements.

SHIRISH PAWAR, 7738990900 (Expert) 01 August 2022
Hello,

Article 20 of the Indian Constitution provides protection in respect of conviction for offences, and article 20(2) contains the rule against double jeopardy which says that “no person shall be prosecuted or punished for the same offence more than once.”

K Rajasekharan (Expert) 01 August 2022
This is an issue about which many have confusion.

In ordinary cheque dishonour, NI 138 alone can be charged. In such a case 420 IPC cannot be charged. Cheque dishonour is basically a civil case, termed as a criminal offence and proceeded under CrPC.

But the crime in question here is one involving cheque dishonour and cheating, then both can be charged against the person.

The question here is whether the offence committed by him includes only a simple cheque dishonour or it includes all the elements or ingredients of cheating, as well.

Isaac Gabriel (Expert) 08 June 2024
Substantiating the 420 IPC may need expert opinion to prove or disprove.therefore, don't take risk.

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