Res Judicata Apply to Criminal Trials Decided on Merits
Last Updated on April 20, 2025 by Shianjany Pradhan
The Supreme Court held that the principle of res judicata applies to criminal proceedings where issues have been conclusively decided.
It ruled that factual findings in one case bind the parties in any subsequent proceedings involving the same issue.
The case involved a complaint under Section 138 of the NI Act over dishonoured cheques.
The drawer, had also issued demand drafts, but the trial court held they were for unrelated liabilities and convicted him.
Later, he filed an FIR under Section 420 IPC, alleging double recovery.
The Supreme Court quashed the FIR, stating that the issue had already been settled and could not be reopened.
It distinguished earlier cases where the principle of res judicata was held inapplicable, noting that those involved quashing petitions dismissed without a decision on merits.
Concluding that Tyagi’s cheating case was an abuse of process, the Court allowed the appeal and reaffirmed that the principle of res judicata applies in criminal cases decided after a full trial.
Case Title:- S.C. GARG VERSUS STATE OF UTTAR PRADESH & ANR.
