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TMI Blog2011 (2) TMI 1257X X X X Extracts X X X X X X X X Extracts X X X X ..... Negotiable Instruments Act, 1881 and hence he could not be again tried or punished on the same facts under section 420 or any other provision of IPC or any other statute – Held that:- section 300(1) of Cr.P.C. is wider than Article 20(2) of the Constitution. While, Article 20(2) of the Constitution only states that ‘no one can be prosecuted and punished for the same offence more than once’, sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the appellant submitted that the appellant was already convicted under section 138 of the Negotiable Instruments Act, 1881 and hence he could not be again tried or punished on the same facts under section 420 or any other provision of IPC or any other statute. We find force in this submission. 5. It may be noticed that there is a difference between the language used in Article 20(2) of the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 300(1) of Cr.P.C. is wider than Article 20(2) of the Constitution. While, Article 20(2) of the Constitution only states that 'no one can be prosecuted and punished for the same offence more than once', section 300(1) of Cr.P.C. states that no one can be tried and convicted for the same offence or even for a different offence but on the same facts. 7. In the present case, although the offenc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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