Parallel criminal prosecutions on the same facts may be stayed to prevent abuse of process, even where double jeopardy is not yet triggered.

Section 300 CrPC did not apply because there had been no prior conviction or acquittal by a competent court, and Article 20(2) was not yet attracted on the facts stated. The court nevertheless held that parallel prosecutions arising from the same factual substratum could amount to an abuse of process, especially where both matters were still pending. To prevent prejudice and secure the ends of justice, the prosecution under Section 420 IPC was stayed until final disposal of the complaint under Section 138 of the Negotiable Instruments Act.

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Issues: Whether prosecution for the offence under Section 420 of the Indian Penal Code could be stayed in view of the pending prosecution under Section 138 of the Negotiable Instruments Act on the same factual substratum, and whether the bar under Article 20(2) of the Constitution of India and Section 300 of the Code of Criminal Procedure, 1973 was attracted at that stage.

Analysis: Section 300 of the Code of Criminal Procedure, 1973 applies after a person has once been tried by a court of competent jurisdiction and convicted or acquitted, whereas Article 20(2) of the Constitution of India prohibits prosecution and punishment more than once for the same offence. The earlier decision relied upon was distinguished on the ground that it involved a prior conviction under Section 138 of the Negotiable Instruments Act, while both proceedings in the present matter were still pending and no conviction had yet been recorded. Even so, the Court accepted that subjecting the accused to parallel trials on substantially the same facts could amount to an abuse of process and would be inconsistent with the ends of justice.

Conclusion: The bar under Section 300 of the Code of Criminal Procedure, 1973 did not yet operate, but the proceedings under Section 420 of the Indian Penal Code were ordered to remain stayed until final disposal of the complaint under Section 138 of the Negotiable Instruments Act.

Ratio Decidendi: Where two prosecutions founded on the same facts are both pending, Section 300 of the Code of Criminal Procedure, 1973 is not attracted in the absence of a prior conviction or acquittal, but the Court may stay the later proceeding to prevent abuse of process and to secure the ends of justice.

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