Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 – s.482 and s.300 (1) – High Court allowed criminal petition filed by respondents no.1 to 4 u/s.482 CrPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Code of Criminal Procedure, 1973 – s.482 and s.300 (1) – High Court allowed criminal petition filed by respondents no.1 to 4 u/s.482 CrPC and quashed proceedings u/ss.120B, 406, 420 and 34 IPC taking into consideration that proceedings u/s.138 of the NI Act pertaining to the same cause of action and on the same facts and grounds were pending, prior to registration of the present proceedings – It held that, looking to the allegations made in the FIR, only offence u/s.138 of NI Act can be made out and continuance of the proceedings for offences u/ss.406, 420, 120B and 34 IPC would amount to abuse of process of the Court – Legal issue before two Judge Bench of Supreme Court as to whether on similar set of allegations of fact the accused can be tried for an offence under NI Act which is special enactment and also for offences under IPC unaffected by the prior conviction or acquittal and, whether the bar of s.300(1) CrPC would attract for such trial – Judgments relied upon by the parties were rendered by judges’ bench of equal strength (strength of two Judges) and in conflict with each other on the legal issue involved – Therefore, questions of law formulated for answer by a larger bench for decision – Negotiable Instruments Act, 1881 – s.138 – IPC – ss.120B, 406, 420 and 34. Judicial discipline – Issue decided in a judgment – Conflicting view in a subsequent judgment by a judges’ bench of equal strength – Held: Judicial decorum demands that if judgments passed by two judges’ bench of equal strength are conflicting, the issue of law involved must be referred to a larger bench as the same is desirable to avoid confusion and maintain consistency of law |
Judge | Hon'ble Mr. Justice J.K. Maheshwari |
Neutral Citation | 2022 INSC 825 |
Petitioner | J. Vedhasingh |
Respondent | R.m. Govindan & Ors. |
SCR | [2022] 6 S.C.R. 888 |
Judgement Date | 2022-08-11 |
Case Number | 2864 |
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