ANUP SINGH Vs. SARDAR JOGINDER SINGH

JUDGEMENT

(1.) The prayer in the present petition is for quashing of the complaint filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881 ( for short 'the Act') and the summoning order dated 20.01.2017 passed therein, on the ground that in the earlier complaint filed under Section 138 of the Act, the petitioner, though convicted by the trial Court vide judgment of conviction and order of sentence dated 11/15.07.2014, earned acquittal vide the judgment dated 04.08.2016 passed by the learned Additional Sessions Judge, Narnaul.

(2.) Vide order dated 16.03.2017, this Court while issuing notice of motion, passed the following order:-

(3.) Today, learned counsel for the petitioner has argued that entertaining the second complaint filed by the respondent-complainant and passing the summoning order thereon, is tantamount to double jeopardy as the petitioner cannot be prosecuted and punished on the same set of facts on which he has previously earned acquittal. Reliance has also placed upon a Single Bench judgments of this Court in Lekh Raj Vs. Pardeep Sharma, 2003(3) RCR(Cri) 637 and Prince Kumar Vs. State of Punjab and another, 2013(2) RCR(Cri) 874.