Two complaints to attract Section 420 of the I.P.C cannot be filed on the same set of facts under the Negotiable Instruments Act

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Last updated: 06 May 2021
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The Bombay High Court has ruled that two separate complaints cannot be filed based on the same set of facts, one under Section 420 of the Indian Penal Code (IPC) and another under the Negotiable Instruments Act. This decision clarifies that a single incident of a dishonoured cheque, which might appear to fall under both laws, should only lead to one prosecution. The court's aim is to prevent multiplicity of proceedings for the same alleged offence.

Court :
High Court Bombay

Brief :
By the present Application under Section 482 of the Criminal Procedure Code (for short, “Cr.P.C.”), the applicants/original accused have prayed for quashing and setting aside Criminal Case No.144/Misc/2001 (renumbered as 81/S/2003), pending on the file of learned Metropolitan Magistrate, 34th Court, at Vikhroli, Mumbai.

Citation :
CRIMINAL APPLICATION NO.5547 OF 2004

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