A.K.LAKDAWALA (LAW SUDENT) 06 November 2013
Can a person once acquitted in cheating by a competent court ....can he be again prosecuted and tried ON THE SAME FACTS for FORGERY by ANOTHER COMPLAINANT ON THE SAME FACTS......I believe section 300 Cr.P.C. is bar on prosecuting again on the same facts...Pls advice...or any judgment if possible.....Thx
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 06 November 2013
academic query, you should read section 300 of Cr.pc with commentory. for case law you have to search through google, indiankanoon.com
madhu mittal (director) 06 November 2013
Please go through these two citations, they may be useful for you:
IN THE SUPREME COURT OF
Criminal Appeal No. 1160 of 2006
Decided On: 01.02.2011
Appellants: Kolla Veera Raghav Rao
Vs.
Respondent: Gorantla Venkateswara Rao and Anr.
Hon'ble Judges:
Markandey Katju and Gyan Sudha Misra, JJ.
2-MANU/SC/0321/2012
Equivalent Citation: 2012(3)BomCR537, 2012BomCR(Cri)651, 2012CriLJ2432, 2012(4)SCALE549, 2012GLH(2)145,ILR2012(2)Kerala301
IN THE SUPREME COURT OF
Criminal Appeal No. 645 of 2012
Decided On: 23.04.2012
Appellants: Sangeetaben Mahendrabhai Patel
Vs.
Respondent: State of
Hon'ble Judges:
B.S. Chauhan and Jagdish Singh Khehar, JJ.
Counsels:
For Appellant/Petitioner/Plaintiff: Abhishek Singh and Samir Ali Khan, Advs.
For Respondents/Defendant: Rakesh Uttamchandra Upadhyay, Aarti Upadhyay, R. Baliya, Hemantika Wahi and S. Panda, Advs.
Subject: Banking
Subject: Criminal
A.K.LAKDAWALA (LAW SUDENT) 07 November 2013
Thank You Mr. Madhu Mittal,
What I understand by reading both the citation is that "once a person is acquitted or convicted by a competent court can not be tried and prosecuted for another offence" as per the judhment of Kolla Verra Raghav Rao...while after perusing the judgment of Sangeetaben Mahindrabhai Patel it is observed that when trial U/s 138 NIA is subjudice before a court of law in this case it is subjudice before the Hon. High Court then there is a provision to try for offence committed under IPC.....am I right....pls comment
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