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Code of Criminal Procedure, 1973: s.300(1) – Scope of -s.300(1) is wider than Article 20(2) of the Constitution – While, Article 20(2) only states that `no one can be prosecuted and punished for the same offence more than once’, s.300 (1) states that no one can be tried and convicted for the same offence or even for a different offence but on the same facts – In the instant case, accused was already convicted u/s.138 of Negotiable Instruments Act, 1881 – He cannot be again tried or punished on the same facts under s.420 or any other provision of IPC or any other statute – Constitution of India, 1950 – Article 20(2) – Negotiable Instruments Act, 1881 – s.138 – Penal Code, 1860 – s.420. CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 1160 of 2006. From the Judgment AND Order dated 7.10.2005 of the High Court of Judicature of Andhra Pradesh at Hyderabad in Criminal Appeal No. 1581 of 1999 and Criminal Revision Case No. 312 of 1999. Bina Madhavan, Vinita Sasidharan (for Lawyer’s Knit AND Co.) for the Appellant. Ramesh Allanki (for D. Mahesh Babu) for the Respondents.

REPORTABLE

The supreme court of india. Taken about 170 m ...

The supreme court of india. Taken about 170 m from the main building outside the perimeter wall (Photo credit: Wikipedia)

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1160 OF 2006
Kolla Veera Raghav Rao ..Appellant
versus
Gorantla Venkateswara Rao & Anr. ..Respondents
O R D E R
Heard learned counsel for the parties.
This Appeal has been filed against the impugned
judgment and order dated 07th October, 2005 passed by the
High Court of Andhra Pradesh in Criminal Appeal No. 1581 of
1999 and Criminal Revision Case No. 312 of 1999.
The facts have been set out in the impugned judgment
and hence we are not repeating the same here except wherever
necessary.
Learned counsel for the appellant submitted that the
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. We find
force in this submission.
It may be noticed that there is a difference between
the language used in Article 20(2) of the Constitution of
India and Section 300(1) of Cr.P.C.. Article 20(2) states:“no person shall be prosecuted and punished for
the same offence more than once.”
CRIMINAL APPEAL NO. 1160 OF 2006
-2-
On the other hand, Section 300(1) of Cr.P.C. States:
“300. Person once convicted or acquitted not to
be tried for same office__
(1) A person who has once been tried by a
Court of competent jurisdiction for an offence
and convicted or acquitted of such offence shall,
while such conviction or acquittal remains in
force, not be liable to be tried again for the
same offence, nor on the same facts for any other
offence for which a different charge from the one
made against him might have been made under subsection (1) of section 221 or for which he might
have been convicted under sub-section (2)
thereof.”
Thus, it can be seen 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.
In the present case, although the offences are
different but the facts are the same. Hence, 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.
The Appeal is allowed and the impugned judgment of
the High Court is set aside……………………….J.
[MARKANDEY KATJU]
NEW DELHI; ………………………J.
FEBRUARY 01, 2011 [GYAN SUDHA MISRA]

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