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2011 (2) TMI 1257 - SC - Companies LawWhether appellant was already convicted under section 138 of the Negotiable Instruments Act, 1881 and hence he could not be again tried or punished on the same facts under section 420 or any other provision of IPC or any other statute – Held that:- section 300(1) of Cr.P.C. is wider than Article 20(2) of the Constitution. While, Article 20(2) of the Constitution only states that ‘no one can be prosecuted and punished for the same offence more than once’, section 300(1) of Cr.P.C. states that no one can be tried and convicted for the same offence or even for a different offence but on the same facts. section 300(1) of Cr.P.C. applies. Consequently, the prosecution under section 420, IPC was barred by section 300(1) of Cr.P.C. Appeal is allowed and the impugned judgment of the High Court is set aside.
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