proceedings under Section 138 of the N.I. Act,
prosecution under Sections 406 and 420 of the IPC can be launched as in the
said ... subsequent prosecution under Section 420 IPC of the same effect cannot be
held barred as per Section 300(1) Cr.P.C.
After hearing learned
under Sections 424 , 468 and 120B
of IPC. Whereas, in the instant case, the charge sheet is
laid alleging commission of offences under Sections ... read with Section 13(2) and Section 109 of
12
IPC . These facts do not attract the mischief of Section
300 of
same offence for more than once as mentioned
in Section 300 of Cr.P.C. and Article 20 of the Constitution of India ... arrest have been made in violation of provision of the
Cr.P.C . and the Constitution of India and as such the accused is
entitled
Sudhir Mittal
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No. M-11083 of 2018
Date of Decision: March 15, 2018
Davinder ... summoned as an additional
accused under Section 319 Cr.P.C. without complying with the provisions of
Sections 300(5) and 398
been
charged for the offence under Sections 147, 506, 323, 427 read
with Section 149 IPC on the file of the above said Court.
During ... pendency of the said Calendar Case, on a petition
filed under Section 300 (5) Cr.P.C., non-bailable warrants have
been issued. Aggrieved
case of Sections
376 , 493 and 494 IPC and Section 300 of the Code of Criminal
Procedure. There are various decisions in respect of Section ... 300
of the Code of Criminal Procedure, but this will not apply to the
facts of this instant case.
Having considered the submissions
Constitution of India and Section 300 of the Code of Criminal
Procedure. This application was dismissed by the learned
Magistrate. The order passed ... Constitution of India and Section 300 of
the Code of Criminal Procedure are not required to be
considered. The applicants have raised some other grounds
charge is modified to that of Section
302 of the IPC in place of Section 304 of the
IPC.
1 of 3
::: Downloaded ... Section 319 Cr.P.C. without taking
recourse to Section 300(5) read with Section 398 Cr.P.C.
4. In compliance of order dated
been registered
under Section 138 of Negotiable Instruments Act and the present
offence has been registered under Section 420 of IPC. Therefore, the
present complaint ... view of the above, the petitioner is entitled to benefit under
Section 300 of Cr.P.C. For the same offence, he cannot be prosecuted
court of Additional Chief Judicial
Magistrate, Sikar for offence under Section 138 of Negotiable
Instruments Act and was acquitted. It is submitted that
aggrieved against ... protected under Article 20(3) of Constitution of India and
Section 300 of Cr.P.C.
Issue notice to the respondents for 6.7.2018.
List this
