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TMI Blog2014 (12) TMI 1410X X X X Extracts X X X X X X X X Extracts X X X X ..... for the petitioner/accused ('the accused', for brevity) and the learned counsel for the 2nd respondent/de-facto complainant ('the complainant', for short) and the learned Additional Public Prosecutor. I have perused material record. 3. The case facts necessary for consideration are as follows: "On 18.10.2011, the complainant had filed, against the accused, a complaint for the offence punishable under Section 138 of the Negotiable Instruments Act ('the NI Act', for short) and the same was taken on file as a calendar case in CC 139 of 2012 (Old CC 8 of 2012) and the same is presently pending on the file of the Special Mobile Court (Excise) at Karimnagar. On 21.12.2011, the complainant had also filed a civil suit in OS 301 of 2011 on the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainant, the accused had failed to produce his lease agreement, if any, granted by the Mining Department. Having agreed to produce either the lease deed within one month or to pay Rs.9,80,000/- to the complainant, the accused had also executed an agreement dated 13.06.2011 to that effect at Karimnagar. Ultimately, the accused had issued a cheque for the said amount on Gayatri Bank, Jagityal branch towards discharge of his liability. When the cheque was presented on 06.09.2011 for collection through the complainant's account in IDBI Bank, Karman Circle, Karimnagar, the said cheque was dishonoured and was returned on 08.09.2011 showing the reason for return as 'insufficient funds in the account of the accused.' The accused had cheated the comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no. 6 of 2012 of the III Town Police Station of Karimnagar registered for the offence punishable under Section 420 of the IPC is liable to be quashed. Reliance was also placed on the decision in Kolla Veera Raghav Rao vs. Gorantla Venkateswara Rao [(2011) 2 SCC 703]. The learned counsel for the accused would further submit that the criminal case for the offence punishable under Section 420 of the IPC is filed with a mala fide intention to harass the accused. 5. Per contra, the learned counsel for the complainant would submit that Article 20 (2) of the Constitution of India and Section 300 (1) of the CrPC are not applicable to the facts of the present case as both the cases are still pending and as no conviction is yet recorded in any one o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any offence may be afterwards tried, with the consent of the State Government, for any distinct offence for which a separate charge might have been made against him at the former trial under Sub-section (1) of Section 220. (3) A person convicted of any offence constituted by any act causing consequences, which, together with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such lastmentioned offence if the consequences had not happened, or were not known to the Court to have happened, at the time when he was convicted. (4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with, and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. Finding force in the said submission, 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. 8. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egistered 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. 10. In the result, the criminal petition is disposed of granting stay of all the further proceedings 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 Court of the Magistrate for the offence punishable under Section 138 of the NI Act. Miscellaneous pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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