Supreme Court of India
Sangeetaben Mahendrabhai Patel v. State of Gujarat and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
4 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above, the law is well settled that in order to attract the provisions of Article 20(2) of the Constitution i.e. doctrine of autrefois acquit or Section 300 Cr.P.C. or Section 71 IPC or Section 26 of General Clauses Act, ingredients of the offences in the earlier case as well as in the latter case G must be the same and not different.
Judgment, page 20
From the headnote
Code of Criminal Procedure, 1973: s.300 - Applicability of - Rule of double jeopardy - Respondent no. 2 filed complaint against appellant u/s. 138 NI Act - Appellant tried for the said offence and the case sub judice before High Court - Subsequent case filed by respondent no. 2 against appellant ulss. 4061420 rlw s. 114 /PC - Plea of appellant that subsequent criminal case involving provisions of /PC was barred by s.300 Cr.P. . and s.26 of General Clauses Act, 1897 as appellant was already dealt with/tried uls. 138 NI Act - Held: In the prosecution uls.138 N.I. Act, the mens rea i.e.
Authorities it was built on
- 1953 Maqbool Hussain v. The State of Bombay
- 2000 G. Sagar Suri And. Anr v. State of C.P. and Ors.
- 2011 Radheyshyam Kejriwal v. State of West Bengal and Anr.
- 1957 The State of Madhya Pradesh v. Veereshwar Rao Agnihotry
- 1988 V.K. Agarwal, Assistant Collector of Customs v. Vasantraj Bhagwanji Bhatia & Ors.
- 1992 P.V. Mohammad Barmay Sons v. Director of Enforcement
- 2001 Union of India and Anr. v. P.D. Yadav
- 2011 Kolla Veera Raghav Rao v. Gorantala Venkateswara Rao and Anr.
- 1968 Gorantla Thataiah v. Thotakura Venkata Subbaiah & Ors.
- 1957 S.a.venkataraman v. The State
Where later benches applied it
- 2019 The State of Uttar Pradesh v. Aman Mittal & Anr.
- 2024 P. Manikandan v. Central Bureau of Investigation and Ors.
- 2022 J. Vedhasingh v. R.M. Govindan & Ors.
- 2015 Ashwani Kumar @ Ashu & Anr. v. State of Punjab
Of those, 1 relied on · 3 referred to
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.