IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Lakshmi Narayan Songara - Appellant
Versus
State Of Rajasthan - Respondent
S.B. Criminal Misc(Pet.) No. 753/2021
Decided on : 09-02-2021
COVID-19 - Criminal Misc. Petition - Section 138 of Negotiable Instruments Act - 427 CrPC - The court allowed the concurrent running of substantive sentences in 32 cases under Section 138 of the Negotiable Instruments Act, citing precedents and the need to meet the ends of justice.
Fact of the Case:
The petitioner was convicted in 32 cases under Section 138 of the Negotiable Instruments Act for dishonor of cheques. He sought concurrent running of sentences due to financial constraints and the potential cumulative sentence of 35 years.
Finding of the Court:
The court found that the petitioner's sentences should run concurrently to meet the ends of justice, considering the long duration of sentences and the petitioner's period of detention.
Issues: Whether the sentences in 32 cases under Section 138 of the Negotiable Instruments Act should run concurrently.
Ratio Decidendi: The court applied Section 427 of the CrPC and cited precedents to allow the concurrent running of substantive sentences to meet the ends of justice.
Final Decision: The court allowed the concurrent running of substantive sentences in 32 cases under Section 138 of the Negotiable Instruments Act, while the default sentences would run consecutively if the fine/compensation was not paid.
JUDGMENT
1. In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
2. This misc. petition under Section 482 Cr.P.C. has been preferred claiming the following relief:
3. Brief facts of the case as noticed by this Court are that various complaints were filed by the different complainants indifferent criminal cases in connection with dishonor of the cheques in question for the offence punishable under Section 138 of Negotiable Instrument Act. The learned court below convicted the petitioner for the offence under Section 138 of Negotiable Instruments Act vide orders dated 06.02.2020, 28.02.2020 and 15.09.2020 passed by learned ACJM/JM Court, Suratgarh in Criminal case no. 842/2012, 121/2014 and 385/2018 respectively.
4. Learned counsel for both the parties fairly concede that the present case is squarely covered by the decision rendered in S.B. Criminal Misc. Petition No. 2883/2014 Rajender Kabra Vs. State of Rajasthan decided on 17.02.2017. The relevant portion of the judgment in Rajender Kabra (supra) reads as under:
The earlier S.B. Criminal Misc. Petition No. 113/2013 preferred by the petitioner before this Court was disposed of by a Co-ordinate Bench of this Court on 16.05.2013. The order dated 16.05.2013 is reproduced hereunder:
"The present petitioner had issued cheques to various persons. Counsel for the petitioner submits that due to bad financial condition of the petitioner and the circumstances beyond his control, all the cheques bounced and petitioner has been convicted in 32 cases.
In the present petition, prayer has been made that sentences awarded in 32 cases may be ordered to run concurrently.
Counsel for the petitioner very fairly submits that as per judgment of the Hon'ble Apex Court, it is only appellate Court or revisional Court which can direct that the sentences should run concurrently and this power cannot be exercised under Section 482 Cr.P.C Therefore, counsel for the petitioner submits that a directions be given to the State Government to consider the representation of the petitioner sympathetically, otherwise, if the sentences are made to run concurrently, the petitioner shall remain behind the bars for 35 years.
After hearing counsel for the parties, present petition is disposed of in terms of the statement made by the counsel for the State.
Let petitioner file a representation to the State Authorities for remitting the sentence or ordering that the sentence awarded upon the petitioner in all cases shall ran concurrently. In case, such a representation is preferred within two weeks' from today, the State Authorities shall take a conscious decision thereupon within two months. Liberty is also granted to petitioner to take recourse to lawful remedy in case State Authorities decline the representation."
The petitioner has preferred this criminal misc. petition claiming that though pursuant to the order passed by this Court in S.B.Cr
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