Can i file an application under section 10 invoking dictrine of res sub judice against the 2 complaints filed under section 138 Negotiable instruments act in 2 different courts??
Jeevan antulay (Student) 19 October 2024
Can i file an application under section 10 invoking dictrine of res sub judice against the 2 complaints filed under section 138 Negotiable instruments act in 2 different courts??
T. Kalaiselvan, Advocate (Advocate) 19 October 2024
The doctrine of res judicata applies to criminal complaints. The doctrine of res judicata is a legal principle that prevents a person from being tried twice for the same reason. It applies to both civil and criminal cases.
In simpler words, the thing has been judged by the court, the issue before a court has already been decided by another court and between the same parties. Hence, the court will dismiss the case as it has been decided by another court. Res judicata applies to both civil and criminal legal systems
Subject to;
Jeevan antulay (Student) 19 October 2024
Then res subjudice won't apply to criminal cases ????
T. Kalaiselvan, Advocate (Advocate) 19 October 2024
You can interpret the explanation given here as per your understanding.
Henceforth when you post some questions, better give proper details so that we can help you understand the law properly