Case Law Details
Rashmi Tandon Vs State of Karnataka (Karnataka High Court)
In a case under Negotiable Instruments Act, 1881 what is required to be noticed is, whether it is for a legally enforceable debt and a fine is imposed. In an offence involved on the same instrument under Sections 406 or 420 IPC sentence of seven years can be imposed and the element mens rea is what is required to be seen in a case for offence of cheating under Section 420 of the IPC inter alia. The Apex Court holds that there can no question of it being violative of Article 20(2) of the Constitution of India or Section 300(1) of the Cr.P.C. as it does not amount to double jeopardy. Therefore, the submission of the learned counsel appearing for the petitioners that the proceeding for offence punishable under Section 420 of the IPC is not maintainable once the complainant invokes Section 138 of the Act is unacceptable. It is a matter of trial for the petitioners to come out clean.
FULL TEXT OF THE JUDGMENT/ORDER OF KARNATAKA HIGH COURT
The petitioners are before this Court calling in question the proceedings in Crime No.88 of 2021 registered on 22-07-2021 for the offence punishable under Section 420 of the IPC.
2. Heard Sri S.G.Bhagavan, learned counsel for the petitioners, Sri B.J.Rohith, learned High Court Government Pleader for respondent No.1 and Sri Deviprasad Shetty, learned counsel for respondent No.2.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
