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AMIT BANSAL
Rajni Mogha – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Amit Bansal, J. (Oral)--All the aforesaid petitions raise common issues and are therefore, being taken up together.
2. CRL.REV.P. 572/2023 and CRL.REV.P. 573/2023 have been filed on behalf of the petitioner, Ms. Rajni Mogha and CRL.REV.P. 675/2023 and CRL.REV.P. 679/2023 have been filed on behalf of the petitioner Mr. Pawan Mogha. The petitioners in the aforesaid petitions are husband and wife. The respondent no.2 in all the four petitions is common, i.e., `M/S Kumar And Company'.
3. Brief facts leading to the filing of the present petitions are as follows:
i. Both the petitioners approached the respondent no.2 for a friendly loan of Rs.5,00,000/- each, in the month of July, 2015.
ii. The respondent no.2 granted a loan of Rs.5,00,000/- each to both the petitioners.
iii. Towards discharge of their liability, each of the petitioners issued five cheques of Rs.1,00,000/- each, in favour of the respondent no. 2.
iv. The aforesaid cheques were dishonoured upon presentation and the respondent no.2 filed a total of four complaints, i.e., two separate complaints against each of the petitioners, invoking Section 138 of the Negotiable Instruments Act, 1881 (NI Act).
v. After conclusion
The court held that sentences for dishonored cheques can run concurrently if they relate to a single consolidated debt, supported by judicial discretion under Section 427 of the Code of Criminal Proc....
Sentences for distinct transactions under the Negotiable Instruments Act cannot be ordered to run concurrently.
The court has the power to order concurrent sentences under Section 427 of the Code of Criminal Procedure, especially when the convictions pertain to the same offence within a short span of time.
Concurrent running of sentences may be allowed for offenses under Section 138 of the Negotiable Instruments Act when the offenses are non-heinous and arise from a common transaction.
The court can allow concurrent running of sentences to prevent injustice, considering the total duration of sentences and the petitioner's circumstances, in line with Section 427 of the Cr.P.C.
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