RANVEER SINGH Vs. N.C.T. OF DELHI

JUDGEMENT

(1.) The petitioner has preferred the present writ petition to seek the quashing of FIR 616/2015 dated 09.07.2015 registered u/s 420/406/34 Penal Code at PS Vivek Vihar. The premise on which the said prayer is made is that on the same facts, respondent no.2/complainant had preferred a complaint u/s 138 of Negotiable Instrument Act, which has been dismissed in default for want of prosecution on 20.08.2015 by the Ld. Judicial Magistrate. The petitioner has placed reliance on section 256 Crimial P.C. to submit that the dismissal of the said complaint tantamounts to acquittal of the accused. The further submission is that since the petitioner/ accused stands acquitted in the said complaint which was premised on the same facts on the basis of which the FIR in question has been registered, by force of section 300 Crimial P.C. the petitioner cannot be tried again in the aforesaid police case FIR registered against the petitioner vide FIR No. 616/2015.

(2.) Section 300(1) Cr PC is relevant for the present purpose and the same reads as follows:

(3.) The submission of the petitioner is that, since "on the same facts", the two offences were alleged against the petitioner, and the petitioner stands acquitted in respect of the offence u/s 138 of Negotiable Instrument Act, he cannot be charged and tried for the offence u/s 420/406/34 IPC. In support of his submission, learned counsel for the petitioner has sought to place reliance on the decision of the Supreme Court in Kolla Veera Raghav Rao Vs. Gorntla Venkateswara Rao & Anr., rendered by a bench of two learned Judges of the Supreme Court on 01.02.2011 in Crl.A. No. 1160/2006. Since the said judgment is contained in a short order, I consider it appropriate to set it out, insofar as it is relevant: