Court vested in this Court
under Section 482 of the Code of Criminal Procedure and have
made the following prayers:
a) quash criminal complaint under ... issuance of cheque, the
dishonoring of the Cheque which triggered the criminal
Crl.M.C.2053/2004 Page 7 of 15
prosecution before the Trial
exercise of inherent powers vested under Section 482 of the Code of Criminal Procedure or in the exercise of extraordinary power of judicial superintendence vested ... General Clauses Act, 1897, Section 300 of the Code of Criminal Procedure, 1973 and Section 71 of the Indian Penal Code. Section
vested in the High Court under Section 482 of the Code of Criminal Procedure:
(i) Step one, whether the material relied upon by the accused ... quash such criminal proceedings, in exercise of power vested in it under Section 482 of the Code of Criminal Procedure. Such exercise of power, besides
CRL) 319/2017 Page 3 of 23
applies. Consequently, the prosecution under Section 420, IPC
was barred by Section 300(1) of ... which he might have been convicted under the Code of
Criminal Procedure ."(emphasis supplied).
14. At this stage, I may observe that the submission
General Clauses Act and Section 71 IPC.
10. Section 300(1) CrPC reads:
"300. Person once convicted or acquitted ... relating to exercise of
jurisdiction under Section 482 of the Code of
Criminal Procedure to quash complaints and
criminal proceedings have been stated and
reiterated
same cheque, the respondent has now filed a criminal
complaint under Section 200 of Cr.P.C. for offence under
Sections ... General
Clauses Act and Section 71 IPC.
10. Section 300(1) CrPC reads:
"300. Person once convicted or acquitted
Session Trial No. 71 of 2009 and u/s 380 I.P.C. and 411 I.P.C . in Session Trial ... Section 31 Cr.P.C. and Section 71 I.P.C. which runs as follows.
Section 31 Cr.P.C.-
"1. When a person
India, and the investigation be allowed to be held as per Criminal Procedure Code . Argument also is that petitioners have indulged in forum shopping, inasmuch ... Full Bench elaborately examined the scheme contained in the Code of Criminal Procedure and the applicable judgments on the issue to hold that right
IPC by virtue of the
provision contained in Section 320(8) of the CrPC, as such, he
cannot be prosecuted in an offence ... Sections 419 & 420 of
the IPC are compoundable under Section 320(2) of the CrPC with
4
the leave of the Court
rules emerge
from the terms of Section 403 of the Code of
Criminal Procedure:
(1) An order of conviction or acquittal
in respect ... which he might have been convicted
under the Code of Criminal Procedure ."
(emphasis added)
23. This Court has time and again explained
the principle
