There is also no point in the contention of the petitioner that the punishment is disproportionate or that the provisions of Article 20 of the Constitution are violated. The bar under Article 20(2) that no person shall be prosecuted and punished for same offence more than once cannot be said to be violated by Section 138. The same act or omission may be capable of constituting more than one offence under different provisions. That is no reason to say that Article 20(2) is offended. What is barred under Article 20(2) is only a second prosecution and conviction for the same offence. In other words, what is prohibited is double jeopardy which is provided in Section 300 of the Code of Criminal Procedure also. Offences under Section 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code are different and the ingredients are also different. Conviction for different offences separately is not barred under Article 20(2). In spite of prosecution and conviction under Section 138, there will be no constitutional bar on prosecution for an offence punishable under Section 420 of the Indian Penal Code and a prosecution will lie, if such an offence is made out. |