https://www.taxtmi.com/caselaws?id=312891 The rule against double jeopardy applies only where the earlier and later proceedings concern the same offence, judged by identity of essential ingredients rather than overlapping facts. Proceedings under Section 138 of the Negotiable Instruments Act and prosecutions for criminal breach of trust, cheating and abetment under the Penal Code require different ingredients, including mens rea for the latter offences. On that basis, the subsequent IPC prosecution was not barred, and refusal to quash it was upheld. en-us Mon, 23 Apr 2012 00:00:00 +0530 Wed, 13 Mar 2024 15:17:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312891 The rule against double jeopardy applies only where the earlier and later proceedings concern the same offence, judged by identity of essential ingredients rather than overlapping facts. Proceedings under Section 138 of the Negotiable Instruments Act and prosecutions for criminal breach of trust, cheating and abetment under the Penal Code require different ingredients, including mens rea for the latter offences. On that basis, the subsequent IPC prosecution was not barred, and refusal to quash it was upheld. Case-Laws Indian Laws Mon, 23 Apr 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312891