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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