New Delhi, Feb 2 (PTI) The Supreme Court has said thatan accused cannot be tried separately for different offenceson same facts and quashed proceeding of cheating against aperson who had already been convicted in a cheque bounce case.
Setting aside the Andhra Pradesh High Court orderwhich had allowed the proceeding, a bench of justicesMarkandey Katju and Gyan Sudha Misra said that no one can betried and convicted for the same offence or even for adifferent offence but on the same facts.
"While Article 20(2) of the Constitution only statesthat no one can be prosecuted and punished for the sameoffence more than once, Section 300(1) of Cr.P.C. states thatno one can be tried and convicted for the same offence or evenfor a different offence but on the same facts," the benchsaid.
The court passed the order on a petition filed byKolla Veera Raghav Rao who had approached it seeking quashingof proceeding for the offence of cheating on the groundthat he had already been convicted in the case for a differentoffence.
Granting him relief, the apex court quashed theproceeding.
"The counsel for the appellant submitted that theappellant was already convicted under Section 138 of theNegotiable Instruments Act, 1881 and, hence, he could not beagain tried or punished on the same facts under Section 420 orany other provision of IPC or any other statute. We find forcein this submission," the court said.