1. An interesting question, whether a person acquitted of an alleged offence punishable under Section 138 of The Negotiable Instruments Act, could be subsequently prosecuted and tried for an offence punishable under Section 420 of IPC based on the same transaction in the light of Article 20(2) of The Constitution of India and Section 300 of Cr.P.C. has come up for consideration in this original petition.

2. The 1st petitioner was originally prosecuted by the respondent by way of a private complaint for alleged offence u/s.138 of The Negotiable Instruments Act. In that case, it was alleged that the 1st petitioner herein had borrowed a sum of Rs.15,00,000/- from the respondent herein on 16.07.2009. On the same date, in discharge of such liability, it is alleged that the 1st petitioner issued a post dated cheque dated 16.07.2009 drawn on Indian Bank, Soolagiri Branch bearing Cheque No.422531. When the cheque was presented, it was dishonoured by the bank on two grounds viz., (i) “funds insufficient” and (ii) “signature of the account holder differs”. Having received the same, the respondent issued a legal notice to the 1st petitioner under Section 138 of The Negotiable Instruments