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2014 (12) TMI 1410 - HC - Indian LawsSimultaneous proceedings under different acts for same offence - Dishonour of Cheque - complaint for the offence punishable under Section 138 of the Negotiable Instruments Act as well as offence punishable under Section 420 of the Indian Penal Code imposed - HELD THAT:- In the decision in Kolla Veera Raghav Rao [2011 (2) TMI 1257 - SUPREME COURT] it is observed by the Hon’ble Supreme Court that Section 300 (1) of the CrPC is wider than Article 20 (2) of the Constitution of India as while the said Article only states that ‘No person shall be prosecuted and punished for the same offence more than once’, the said Section states that no one can be tried and convicted for the same offence or even for a different offence but on the same facts - the Hon’ble Supreme Court had held as follows: “In the present case, although the offences are different but the facts are the same. Hence, Section 300 (1) of the CrPC applies. Consequently, the prosecution under Section 420 of the IPC was barred under Section 300 (1) of the CrPC.” Holding so, the Hon’ble Supreme Court while setting aside the judgment of this Court had allowed the appeal. Reverting to the facts of the case on hand, it is to be restated that both the cases against the accused based on the same set of facts are still pending and no conviction is yet recorded in any one of the two cases. Therefore, as rightly urged, unless the accused is tried and convicted by a competent Court for the offence punishable under section 138 of the NI Act, the question of bar under Section 300 (1) of the CrPC for the prosecution under Section 420 of the IPC does not arise; and for Section 300 (1) of the CrPC to apply the accused must first establish that he was earlier tried and convicted for an offence on the same set of facts. Be that as it may. Nonetheless, the learned counsel for the accused submits that even if the accused were to be tried on the same set of facts at two different trials for the two offences and albeit he were to be found to be guilty, still he cannot be convicted and punished for both the offences in view of the provision of Section 300 (1) of the CrPC and that therefore, subjecting him to the ordeal of a criminal trial for the offence under Section 420 of the IPC on the same set of facts is not only an abuse of process of Court but would also be an exercise in futility, and, hence the same cannot be permitted. This Court finds force and acceptable merit in this submission. This court finds that it would be just and appropriate to order stay of the proceeding in the case crime no. 6 of 2012 of the III Town Police Station of Karimnagar registered for the offence punishable under Section 420 of the IPC till the final disposal, on merits, of the CC 139 of 2012 taken on file by the learned Magistrate for the offence punishable under Section 138 of the NI Act, as such a course sub serves the ends of justice and would protect the interests of both the parties - Petition disposed off.
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