Drawer of bounced cheque should not be punished twice

In a case of bounced cheque, the Supreme Court (SC) has ruled a person convicted for issuing the instrument cannot be prosecuted again on the charge of cheating about the same cheque. The cheque issued without sufficient balance in the account is a case under Section 138 of the Negotiable Instruments Act. The offence of cheating is under Section 420 of the IPC. In this case, Kolla Veera vs Gorantla Rao, the convict submitted he was found guilty in the cheque case; so he could not be punished a second time for issuing the cheque as a case of cheating.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1160 OF 2006

Kolla Veera Raghav Rao Vs. Gorantla Venkateswara Rao & Anr.

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