The Article 20 (2) of the Constitution does grant immunity against award of more than one punishment for the same crime but if the ingredients of the two cases are different, there is no bar on launching two different proceedings that could culminate in separate punishments for the two crimes. So, held the Supreme Court in Sangeethaben Mahendrabhai Patel vs State of Gujarat and another.

Breach of trust and cheating

On dishonour of cheque for Rs 20 lakh, the Respondent No. 2 had launched proceedings under Section 138 of the Negotiable Instruments Act and soon, thereafter, also under Sections 406 and 420 of the Indian Penal Code as well for breach of trust and cheating.

The Supreme Court while upholding the Gujarat High Court stand that the two simultaneous proceedings were maintainable pointed out that while the proceedings under the Negotiable Instruments Act are for the crime of issuing the cheque without funds in the bank account, the proceedings under the IPC are against criminal intent.

In the prosecution under Section 138 of the Negotiable Instruments Act, mens rea i.e. fraudulent or dishonest intention at the time of issuance of cheque is not required to be proved.

Besides, the offence punishable under Section 420 of the Indian Penal Code is a more serious one as a longer sentence of seven years can be imposed.

(The author is a New Delhi-based chartered accountant)

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