Supreme Court of India · 2011-02-01
Kolla Veera Raghav Rao vs Gorantla Venkateswara Rao And Anr
- Citation / case number
- AIR 2011 SUPREME COURT 641
- Court
- Supreme Court of India
- Petitioner
- Kolla Veera Raghav Rao
- Respondent
- Gorantla Venkateswara Rao And Anr
- Bench
- Gyan Sudha Misra, Markandey Katju
Judgment text excerpt
The Supreme Court held that Section 300(1) of the Code of Criminal Procedure, 1973 prohibits a person from being tried for a different offence based on the same facts for which they have already been convicted under Section 138 of the Negotiable Instruments Act, 1881. The Court distinguished between Article 20(2) of the Constitution and Section 300(1) of Cr.P.C., noting that the latter is broader in scope. Consequently, the prosecution under Section 420 IPC was barred, leading to the allowance of the appeal and the setting aside of the High Court's judgment.