Referred to Larger Bench XXIX: Double Jeopardy

Posted on by Rudrajyoti Nath Ray

Sangeetaben Mahendrabhai Patel v. State of Gujarat, (2012) 7 SCC 621 [B.S. Chauhan and J.S. Khehar JJ] followed in V.S. Reddy and Sons v. Muthyala Ramalinga Reddy, Criminal Appeal No. 1285 of 2015 [Dipak Misra and Prafulla C. Pant JJ] has taken a different view from G. Sagar Suri v. State of U.P., (2000) 2 SCC 636 [Saiyed Saghir Ahmad and D.P. Wadhwa JJ] and Kolla Veera Raghav Rao v. Gorantla Venkateswara Rao, (2011) 2 SCC 703 [Markandey Katju and Gyan Sudha Misra JJ].

Question: on similar set of allegations of fact, accused can be tried for an offence under NI Act and also for offences under IPC, unaffected by prior conviction or acquittal?

Referred to a Larger Bench.

– Hon’ble Justice J.K. Maheshwari, J. Vedhasingh v. R.M. Govindan, [Special Leave Petition (Criminal) No. 2864 of 2019].

'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.