Mismatch sign

Since there is section 120 B also so what is the complaint.

Respected JSDN ji,

please let me know, what is your opinion now after going through the citation below mentioned, whether in your opinion, this citation is correctly decided or not. citation is being enclosed.

MANU/GJ/0025/1997

Equivalent Citation: [1999]95CompCas280(Guj),(1997)2GLR1191

IN THE HIGH COURT OF GUJARAT

Criminal Miscellaneous Application No. 1851 of 1990

Decided On: 07.01.1997

Appellants: Dipendra G. Choksi and Anr.
Vs.
Respondent: Dipak Chimanlal Patel and Anr.

JUDGMENT

K.J. Vaidya, J.

1. "Whether in cases wherein the allegations made in the complaint filed by a payee of the cheque against the drawer under section 138 of the Negotiable Instruments Act, 1881, also further disclose the material ingredients which prima facie do constitute an offence punishable under section 420 of the Indian Penal Code, 1060, the court to which such a complaint is presented for taking the cognizance of offence, should confine itself merely to issue process under section 138 of the Act, or secondly whether under such circumstances it is equally the duty of the court also to see that along with the process to be issued for the alleged offence under section 138 of the Act, it also issues process under section 420 of the Code against the accused ?"

....

7.......The person having committed a wrong cannot be allowed to wriggle out of the clutches of the law, denying justice to the aggrieved citizen who on being duped knocks at the door of the court for justice. In this view of the matter, whenever any complaint is filed merely and only for the alleged offence under section 138 of the Act then even it is the foremost duty of the learned Magistrate to carefully screen and examine each and every allegation in the complaint and if there is/are a manifest circumstances prima facie constituting an offence of cheating under the Indian Penal Code, then while taking cognizance and issuing the process he should see to it that it is not confined only to section 138 of the Act but shall also issue process under section 420 of the Indian Penal Code, 1860, as well.

Well you have done lot of hard work but again this case is old so what happened further in this matter you have to find out what is the final result in the matter.

Respected JSDN ji and other Sirs,

Please guide me why one complainant can not be filed for both the offence ie. u/s 138 N I Act and u/ 420 IPC, even in Kolla Veera Raghav Rao vs  Gorantla Venkateswara Rao and Anr Decided On: 01.02.2011, Honourable Supreme Court held in para 4…

4. 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.

In this case also, when a person already convicted u/s 138, on same facts again he can not be tried or punished, but no where it is written that prosecution for two offences simultaneously can not be tried in one complaint on same facts and a person accused of more than one offence, can not be tried for all of them in one complaint.

In our case, the accused was convicted  for both offence in single complaint, decided recently on 08.12.2011 by trial court and matter is pending at ADJ/ Appellate court level.

That is why I require your guidelines/view again

With regards,

Whether you are advocate or prsonal litigant is not known but you have collected lot of material on this subject.

Only catch point in such matters is that there can not be issue of process, trial or conviction for same set of facts. IT WILL BE AGAINST THE PRINCIPLE OF DOUBLE JEOPARDY. However if the story and evidence supports the story than only procecution and conviction possible UNDER TWO SECTIONS OF CRIMINAL LAW.

Respected JSDN ji,

Thanks a lot, now as per opinion of a learned advocate like you,  I can rest assured that the accused can not be get out of cluthes of both the offence u/s 138 of N I Act and u/s 420 of IPC on this point only.