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2022 (8) TMI 695 - SC - Indian LawsDishonor of Cheque - insufficient funds - double jeopardy or bar of Section 300(1) of Cr.P.C. - fraudulent and dishonest intention - Section 138 of the NI Act - conflicting situations - HELD THAT:- It is deemed appropriate to refer this issue for decision by the larger bench to answer the following questions: (1) Whether the ratio of the judgment, in the case of G. Sagar Suri [2000 (1) TMI 934 - SUPREME COURT] and Kolla Veera Raghav Rao [2011 (2) TMI 1257 - SUPREME COURT] lay down the correct law? or The view taken in the case of Sangeetaben Mahendrabhai Patel [2012 (4) TMI 728 - SUPREME COURT] as followed in M/S. V.S. REDDY AND SONS VERSUS MUTHYALA RAMALINGA REDDY AND ANOTHER [2015 (9) TMI 1730 - SUPREME COURT] which is subsequent and conflicting, lay down the correct proposition of law? (2) Whether on similar set of allegations of fact the accused can be tried for an offence under NI Act which is special enactment and also for offences under IPC unaffected by the prior conviction or acquittal and, the bar of Section 300(1) Cr.P.C. would attract for such trial? The questions of law have been formulated for answer by a larger bench for decision - the Registry is requested to place the file before Hon’ble the Chief Justice of India for orders.
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