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2020 Supreme(SC) 436

R.NARAYANA PISHARADI
Chandran – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.B. Arunkumar
For the Respondent: Government Pleader (C.K. Prasad)

ORDER :

The question that arises for consideration in this petition is, whether imprisonment in default of payment of fine awarded on an accused in a case can be ordered to run concurrently with imprisonment in default of payment of fine awarded on him in other cases.

2. The petitioner is the accused in the cases S.T.Nos.68/2019, 69/2019 and 70/2019 on the file of the Court of the Judicial First Class Magistrate-I, Nadapuram.

3. The aforesaid cases were instituted upon the complaints filed against the petitioner by different persons for an offence punishable under S.138 of the Negotiable Instruments Act, 1881.

4. The petitioner was absconding in the aforesaid cases. The cases had been entered into the register of long pending cases. On 24.01.2019, the petitioner appeared in the trial court and he pleaded guilty to the offence alleged against him in all the three cases. The learned Magistrate found that the plea was voluntarily made by the petitioner and accepted it.

5. Learned Magistrate convicted the petitioner for the offence under S.138 of the Negotiable Instruments Act in all the three cases. In the case S.T.No.68/2019, the petitioner was sentenced to imprisonment till the rising of

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