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2018 Supreme(SC) 2046

R.BANUMATHI, INDIRA BANERJEE
RAJPAL – Appellant
Versus
OM PRAKASH – Respondent


ORDER :

1. Leave granted.

2. The short question falling for consideration in this case is that whether the sentence of imprisonment imposed upon the appellant in two different cases of conviction under Section 139 of the Negotiable Instruments Act are to run concurrently or consecutively.

3. For the dishonour of two cheques dated 10.04.2010 and 05.09.2010, for Rs. 2,50,000/-and Rs. 1,25,000/-respectively, two criminal cases being case No. 601/2010 and Criminal Case No. 132A/2010 were initiated against the appellant. In Criminal Case No. 601/2010 (pertaining to the cheque of Rs.2,50,000/-) the appellant was sentenced to undergo imprisonment of one year and six months, by the judgment dated 08.09.2015, affirmed by the Appellate Court. In Criminal Appeal No. 132A/2010 relating to the subsequent cheque dated 05.09.2010 of Rs.1,25,000/-the appellant has been sentenced to undergo imprisonment of one year which was reduced to nine months by the High Court.

4. Placing reliance upon judgment of this Court in Shyam Pal Vs. Dayawati Besoya & Anr. Reported in 2016 (10) SC 761, learned counsel appearing for the appellant submitted that the sentences imposed on the appellant are to run concurrently.

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