Alternative Remedies No Longer Bar Writs Writ Jurisdiction in the Indian Constitution has been borrowed from the concept of prerogative writs under English Law and was vested in the Chartered High Courts prior to commencement of Constitution. The framers of the Constitution adopted the concept of writs and funnelled such powers to fruitfully enforce the fundamental rights... Read More
The court observed that, a complaint under section 138 of NI Act, when an FIR of offences under section 420, 560 IPC was already filed with respect to circumstances of identical nature/ same transaction does not amount to forum shopping or double jeopardy. The offence under section 420 IPC is made during the issuance of the cheque while that is not the case with the offence covered under section 138 of NI Act. Both the offences are independent and distinct from one other and do not attract the principle of double jeopardy. The court held that it is within the rights of the respondent to go ahead with the prosecution for both the offences simultaneously under section 138 of NI Act and section 420 of IPC.