K.R. SRINIVASA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These petitions are heard and disposed of together as the petitioners are all accused of offences punishable under Sections 415, 419, 464, 468, 469, 471 and 474 read with Section 120-B of the Indian Penal Code, 1860 (Hereinafter referred to as the 'IPC', for brevity) in case No. CC 13961/2006, before the court of the Chief Metropolitan Magistrate, Bangalore. The facts of the case are as follows:--

(2.) It is contended that when the petitioners have been acquitted of the offences in the first instance, the present complaint, which is an offshoot of the earlier complaint, is brought mala fide and only in order to cause harassment and hardship to the petitioners. The proceedings would have to be quashed as it would certainly amount to the petitioners suffering a double jeopardy. It is pointed out that the present complaint is nothing but a continuation of the earlier complaint, which is opposed to the established principles of law and would militate against justice and fair play.

(3.) While the learned counsel appearing for the complainant - respondent vehemently seeks to justify the institution of the proceedings, as the cause of action for the earlier proceedings is entirely different from the cause of action for the present proceedings.