Supreme Court · 2011 INSC 88 · Decided 1 February 2011
Kolla Veera Raghav Rao v. Gorantala Venkateswara Rao and ANR.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 88 · [2011] 2 S.C.R. 364
- Case number
- CRIMINAL APPEAL No. 1160/2006
- Decided
- 1 February 2011
- Bench
- MARKANDEY KATJU, GYAN SUDHA MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 420; CrPC Section 300(1), 20(2); Constitution Article 20(2), 300(1); NI Act Section 138
Headnote
Code of Criminal Procedure, 1973: s.300(1) - Scope of ·-Held: s.300(1) is wider than Article 20(2) of the Constitution C - While, Article 20(2) only states that 'no one can be prosecuted and punished for the same offence more than once', s.300 (1) states that no one can be tried and offence or even for a different offence but on the same facts - In the instant case, accused was already o convicted uls. 138 of Negotiable Instruments Act, 1881 - He E · cannot be again tried or punished on the same facts under s.420 or any other provision of /PC or any other statute -
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