S.N. Vijayalakshmi V. State of Karnataka (2025 SC)
- It is now settled that the same person cannot be simultaneously charged for offences punishable u/S. 406 (criminal breach of trust) and 420 of the IPC (cheating) with regard to one particular transaction.
- Note: both these charges can be simultaneously invoked if the acts are not being part of a single transaction and committed against different persons.
- There is no bar to simultaneous civil and criminal proceedings. If the element of criminality is there, a civil case can co-exist with a criminal case on the same facts. The fact that a civil remedy has already been availed of by a complainant, ipso facto, is not sufficient ground to quash an FIR.
- Non-filing of the supporting affidavit with the Complaint u/S.200 CrPC is a curable defect, but must be cured before the Magistrate passes any substantive order on the complaint/application. And if the Magistrate proceeds without the requisite affidavit, such order/any consequential orders/proceedings can be quashed on the sole ground of non-compliance with Priyanka Srivastava V. State of U.P. (2015 SC).