The doctrine of double jeopardy and punishment under negotiation instruments act

Pages: 27-28
Vikas Chaudhary (Department of Law, C.R. Law College, Hisar, Haryana)

The constitutional mandate Under Article 20(2) is that no person shall be vexed twice for the same cause. The corresponding provision in the code of criminal procedure in section 300 of the Act calls for the idea of Issue Estoppel. The Apex Court Judgment in the case of Kollaveera Ragh Roa Vs Gorantla Venkateswara Rao (A.I.R. 2001SC641) has added new dimension to the concept of Double Jeopardy. It was categorically held by the Supreme Court that person already convicted under section 138 of the Negotiable Instrument Act 1981 could not be again tried and convicted under section 420 of the IPC or under any other provision of any other law which is in force for the time being. Apex Court dealt with section 300(1) of Crpc AND Article 20(2) of the Indian Constitution and a pragmatic and functional approach was adopted by the Supreme Court in resolving and reconciling the conflicting claims and interest.