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A.K.LAKDAWALA (LAW SUDENT)     06 November 2013

Section 300 cr.p.c.

Can a person once acquitted in cheating by a competent court ....can he be again prosecuted and tried ON THE SAME FACTS for FORGERY by ANOTHER COMPLAINANT ON THE SAME FACTS......I believe section 300 Cr.P.C. is bar on prosecuting again on the same facts...Pls advice...or any judgment if possible.....Thx



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 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 November 2013

academic query, you should read section 300 of Cr.pc with commentory. for case law you have to search through google, indiankanoon.com 

madhu mittal (director)     06 November 2013

Please go through these two citations, they may be useful for you:

1. MANU/SC/0086/2011

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1160 of 2006

Decided On: 01.02.2011

Appellants: Kolla Veera Raghav Rao
Vs.
Respondent: Gorantla Venkateswara Rao and Anr.

Hon'ble Judges:
Markandey Katju and Gyan Sudha Misra, JJ.

2-MANU/SC/0321/2012

Equivalent Citation: 2012(3)BomCR537, 2012BomCR(Cri)651, 2012CriLJ2432, 2012(4)SCALE549, 2012GLH(2)145,ILR2012(2)Kerala301

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 645 of 2012

Decided On: 23.04.2012

Appellants: Sangeetaben Mahendrabhai Patel
Vs.
Respondent: State of Gujarat and Anr.

Hon'ble Judges:
B.S. Chauhan and Jagdish Singh Khehar, JJ.

Counsels:
For Appellant/Petitioner/Plaintiff: Abhishek Singh and Samir Ali Khan, Advs.

For Respondents/Defendant: Rakesh Uttamchandra Upadhyay, Aarti Upadhyay, R. Baliya, Hemantika Wahi and S. Panda, Advs.

Subject: Banking

Subject: Criminal

A.K.LAKDAWALA (LAW SUDENT)     07 November 2013

Thank You Mr. Madhu Mittal,

What I understand by reading both the citation is that "once a person is acquitted or convicted by a competent court can not be tried and prosecuted for another offence" as per the judhment of Kolla Verra Raghav Rao...while after perusing the judgment of Sangeetaben Mahindrabhai Patel it is observed that when trial U/s 138 NIA is subjudice before a court of law in this case it is subjudice before the Hon. High Court then there is a provision to try for offence committed under IPC.....am I right....pls comment


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