ORDER

Heard learned counsel for the parties.

2. This Appeal has been filed against the impugned judgment and order dated 07th October, 2005 passed by the High Court of Andhra Pradesh in Criminal Appeal No. 1581 of 1999 and Criminal Revision Case No. 312 of 1999.

3. The facts have been set out in the impugned judgment and hence we are not repeating the same here except wherever necessary.

4. Learned counsel for the appellant submitted that the appellant was already convicted under Section 138 of the Negotiable Instruments Act, 1881 and hence he could not be again tried or punished on the same facts under Section 420 or any other provision of IPC or any other statute. We find force in this submission.

5. It may be noticed that there is a difference between the language used in Article 20(2) of the Constitution of India and Section 300(1) of Cr.P.C.. Article 20(2) states:

“no person shall be prosecuted and punished for the same offence more than once.”

CRIMINAL APPEAL NO. 1160 OF 2006

On the other hand, Section 300(1) of Cr.P.C. States:

“300. Person once convicted or acquitted not to be tried for same office__

(1) A person who has once been tried by a Court of competent jurisdiction for a