Supreme Court · 2012 INSC 180 · Decided 23 April 2012
Sangeetaben Mahendrabhai Patel v. State of Gujarat and ANR.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 180 · [2012] 3 S.C.R. 1155
- Case number
- CRIMINAL APPEAL No. 645/2012
- Decided
- 23 April 2012
- Bench
- B.S. CHAUHAN, J.S. KHEHAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 138, 71, 114; CrPC Section 300, 26, 482; Constitution Article 20(2); NI Act Section 138
Headnote
Code of Criminal Procedure, 1973: s.300 - Applicability B of - Rule of double jeopardy - Respondent no. 2 filed complaint against appellant u/s. 138 NI Act - Appellant tried C for the said offence and the case sub judice before High Court - Subsequent case filed by respondent no. 2 rlw s. 114 /PC - Plea of appellant that subsequent criminal case involving provisions of /PC was barred by s.300 Cr.P.C. and s.26 of General Clauses Act, D 1897 as appellant was already dealt with/tried uls. 138 NI Act - Held: In the prosecution uls.138 N.I. Act, the mens rea i.e.
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