Double Jeopardy In Dishonored Cheques: Judicial Interpretations Within The Indian Legal Framework

Prithivi Raj, Assistant Professor of Law, Birla Global University, Odisha

ABSTRACT

This research paper delves into the intricate legal landscape surrounding the dishonor of cheques due to insufficient funds within the Indian legal framework. Prior to the introduction of chapter XVII into NI Act, 1881 through the 1988 amendment, no specific criminal offense had been established for this offense. As a result, prosecuting the drawer of a dishonored cheque relied heavily on the interpretation and application of relevant provisions within The IPC, 1860. The primary objective of this paper is to analyze the diverse interpretations put forth by the Indian judiciary concerning the concept of Double Jeopardy within the purview of Section 138 of the NI Act, 1881. Double Jeopardy refers to the legal principle that prohibits subjecting an individual to multiple prosecutions or punishments for the same offense. By conducting an in-depth examination of case law, legal precedents, and scholarly literature, this research aims to provide a comprehensive understanding of the complexities associated with prosecuting dishonored cheque cases prior to the specific provisions introduced in 1988. It explores the judicial perspectives on the application of Double Jeopardy, examining how different interpretations have shaped the legal landscape. The findings of this study contribute to the existing body of knowledge by shedding light on the legal challenges encountered in prosecuting dishonored cheque cases before the enactment of specific legislation. Ultimately, this research paper seeks to promote a nuanced understanding of the historical development and evolution of legal provisions surrounding dishonored cheques in India, providing a foundation for further discourse and potential reforms in this area of law.