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february 2011

Supreme Court of India · 2011-02-01

KOLLA VEERA RAGHAV RAO vs GORANTLA VENKATESWARA RAO

Citation / case number
SC 2005/26855
Court
Supreme Court of India
Petitioner
KOLLA VEERA RAGHAV RAO
Respondent
GORANTLA VENKATESWARA RAO
Author
MARKANDEY KATJU,GYAN SUDHA MISRA, , ,
Bench
MARKANDEY KATJU,GYAN SUDHA MISRA, , ,

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.

KOLLA VEERA RAGHAV RAO vs GORANTLA VENKATESWARA RAO · Niyam