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Second Prosecution for Same facts Particularly in NI 138 Cases


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Many times the question arises if for same facts if the offense is under two defferent sections whether such prosecution is allowed. Particularly under NI 138 many people are under the impression that apart from NI 138 act even prosecution and conviction under IPC 420 is possible. The Honble Supreme court in the case decided on 1st February 2011 has decided that no one can even be tried for the same facts under defferent provisions. #pdf

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  on 06 February 2011
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