https://www.taxtmi.com/caselaws?id=426456 Parallel prosecution under the Negotiable Instruments Act and the Indian Penal Code raises an unsettled question where the same factual allegations support both proceedings. One line of authority treats the ingredients of cheque dishonour, cheating and criminal breach of trust as distinct despite factual overlap; another treats a later Penal Code prosecution as barred by the protection against double jeopardy after trial under the special statute. Conflicting coordinate-Bench views require judicial consistency and certainty. The questions were therefore referred to a larger Bench, with no final determination on the maintainability of parallel prosecutions. en-us Thu, 11 Aug 2022 00:00:00 +0530 Wed, 17 Aug 2022 12:47:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=426456 Parallel prosecution under the Negotiable Instruments Act and the Indian Penal Code raises an unsettled question where the same factual allegations support both proceedings. One line of authority treats the ingredients of cheque dishonour, cheating and criminal breach of trust as distinct despite factual overlap; another treats a later Penal Code prosecution as barred by the protection against double jeopardy after trial under the special statute. Conflicting coordinate-Bench views require judicial consistency and certainty. The questions were therefore referred to a larger Bench, with no final determination on the maintainability of parallel prosecutions. Case-Laws Indian Laws Thu, 11 Aug 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=426456