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2009 Supreme(SC) 449

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA, P.SATHASIVAM
State of Punjab – Appellant
Versus
Madan Lal – Respondent


Advocates Appeared:
For the Appellant:Kuldip Singh, Anita Gupta, Advocates.

Judgment:

Dr. Arijit Pasayat, J.

1. The State of Punjab is in appeal against the judgment of a learned Single Judge of the Punjab and Haryana High Court allowing the application filed in terms of Section 482 read with Section 427 of the Code of Criminal Procedure, 1973 (in short the `Code). The prayer was to the effect that the quantum of punishment awarded may be permitted to run concurrently in respect of the three convictions and sentences imposed.

2. The convictions were in terms of Section 138 of the Negotiable Instruments Act, 1881 (in short the `Act). The High Court noted that all the transactions related to the family of the respondent and the matter related to different cheques issued by the respondent to the complainant party. For this purpose separate complaints were filed. The High Court accordingly directed that the sentences imposed by learned Additional Sessions Judge, Ludhiana and Sub Divisional Judicial Magistrate, Khanna were to run concurrently.

3. According to the State the judgment of the High Court is erroneous.

4. In the impugned judgment of the High Court, reference was made to the decision of this court in Mohd. Akthar alias Ibrahim Ahmed Bhatti v. Assistant













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