Whether for NI 138 case IPC 420 can be added.
Querist :
Anonymous
(Querist) 12 March 2011
This query is : Resolved
A process is issued u/s 138 , trial is yet to start . No evidence given by complainant. Just moves an application for adding of section 420 of IPC. Trial court allows the application. Revision filed , what arguments can be taken in the revision.
Sarvesh Kumar Sharma Advocate
(Expert) 12 March 2011
what ever is not permited is prohibited.
sec 420 ipc is not aplicable with 138 n.i.act.
due to specific act.
Dayananda Gowda
(Expert) 12 March 2011
Once court taken cognizance under 138, no power to take cognizance once again under 420
Querist :
Anonymous
(Querist) 12 March 2011
Any citation please.
PJANARDHANA REDDY
(Expert) 13 March 2011
PLS FIND THE BELOW
Bench: M Katju, G S Misra
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1160 OF 2006
Kolla Veera Raghav Rao ..Appellant versus
Gorantla Venkateswara Rao & Anr. ..Respondents O R D E R
Heard learned counsel for the parties. This Appeal has been filed against the impugned judgment and order
dated 07th October, 2005 passed by the High Court of Andhra Pradesh in Criminal Appeal No. 1581 of 1999
and Criminal Revision Case No. 312 of 1999. The facts have been set out in the impugned judgment and
hence we are not repeating the same here except wherever necessary.
Learned counsel for the appellant submitted that the appellant was already convicted under Section 138 of the
Negotiable Instruments Act, 1881 and hence he could not be again tried or punished on the same facts under
Section 420 or any other provision of IPC or any other statute. We find force in this submission.
It may be noticed that there is a difference between the language used in Article 20(2) of the Constitution of
India and Section 300(1) of Cr.P.C.. Article 20(2) states: "no person shall be prosecuted and punished for the
same offence more than once." CRIMINAL APPEAL NO. 1160 OF 2006
-2-
On the other hand, Section 300(1) of Cr.P.C. States: "300. Person once convicted or acquitted not to be tried
for same office__
(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or
acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried
again for the same offence, nor on the same facts for any other offence for which a different charge from the
one made against him might have been made under sub- section (1) of section 221 or for which he might have
been convicted under sub-section (2) thereof."
Thus, it can be seen that 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. In the present case, although the offences are different
but the facts are the same. Hence, Section 300(1) of Cr.P.C. applies. Consequently, the prosecution under
Section 420, IPC was barred by Section 300(1) of Cr.P.C. The Appeal is allowed and the impugned judgment
of the High Court is set aside.
...........................J.
[MARKANDEY KATJU]
NEW DELHI; ...........................J. FEBRUARY 01, 2011 [GYAN SUDHA MISRA]
Kolla Veera Raghav Rao vs Gorantla Venkateswara Rao And ... on 1 February, 2011
Indian Kanoon - http://indiankanoon.org/doc/640825/ 1
G. ARAVINTHAN
(Expert) 13 March 2011
Negotiable Instruments Act is a special enactment and one cannot club an offence punishable under Sec 138 of IPC with a case on file under 138 NI Act.
But can file a private complaint under Section 420 IPC
Querist :
Anonymous
(Querist) 13 March 2011
Reddy sir my problem is slightly defferent . The accused is still being tried u/s 138 and at this stage the complainant wants to add section 420.
