KOLLA VEERA RAGHAV RAO versus GORANTALA VENKATESWARA RAO AND ANR.

KOLLA VEERA RAGHAV RAO versus GORANTALA VENKATESWARA RAO AND ANR.

Section 300(1) of Cr.P.C. bars prosecution for any offence on the same facts after conviction or acquittal for an earlier offence arising from those facts; thus, subsequent prosecution under Section 420 IPC was barred.

Parties
Appellant: Kolla Veera Raghav Rao; Respondents: Gorantala Venkateswara Rao and Anr.
Jurisdiction
India
Judgment Date
01 February 2011
Procedural Posture
Criminal Appeal / Appeal Decided by Supreme Court
Outcome
Appeal allowed
Legal Topics
Section 300(1) Cr PC Autrefois Convict, Article 20(2) Constitution Double Jeopardy, Conviction Under Section 138 NI Act, Bar to Subsequent Prosecution Under Section 420 IPC
Criminal Law Section 300(1) Cr PC Autrefois Convict Article 20(2) Constitution Double Jeopardy Conviction Under Section 138 NI Act Bar to Subsequent Prosecution Under Section 420 IPC

Case Brief

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Parties

Kolla Veera Raghav Rao

Appellant

Gorantala Venkateswara Rao and Anr.

Respondents

Procedural Posture

Criminal Appeal / Appeal Decided by Supreme Court

Legal Issues

  1. 1 Whether a person convicted under Section 138 of Negotiable Instruments Act can be tried again for Section 420 IPC or any other provision on the same facts

Ratio Decidendi

Section 300(1) of Cr.P.C. bars prosecution for any offence on the same facts after conviction or acquittal for an earlier offence arising from those facts; thus, subsequent prosecution under Section 420 IPC was barred.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of the High Court is set aside