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KULDEEP MATHUR
Pankaj Joshi S/o Shri Santosh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. By way of filing present misc. petition, the petitioner has prayed for following relief:
2. Succinctly stated, the facts necessary for disposal of the present misc. petition are that the petitioner was tried, convicted and sentenced by different trial courts for the offences punishable under Section 138 of the N.I. Act, details of which have been given hereunder:
| S. No. | Case No. | Name of Court | Date of decision | Sentence Fine/compensation |
| 1. | Regular Case No. 1866/2014 | CJM Churu | 23.09.22 | 1 year S.I. + 4,00,000/- fine + 1 Year S.I. in default of payment |
| (a) | Cr. Appeal No. 48/2022 | |||
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.
The court applied section 427 Cr.P.C. and relevant Supreme Court precedents to allow concurrent running of substantive sentences for multiple convictions under section 138 of the N.I. Act, considerin....
The court upheld the legislative intent of section 427 Cr.P.C. and relevant precedents to allow concurrent running of substantive sentences to prevent prolonged imprisonment.
The court can exercise discretion under Section 427 CrPC to allow concurrent sentences to prevent excessive punishment and ensure justice.
The court applied the discretion under section 427 of the CrPC to allow concurrent running of substantive sentences, considering the petitioner's financial constraints and the total length of sentenc....
provisions of section 427 of the CrPC do not permit a direction for concurrent running of substantive sentences with the sentences awarded in default of payment of fine/compensation
Concurrent running of sentences is permissible under Section 427 Cr.P.C. for substantive sentences only, not for default sentences.
As per Section 427 Code of Criminal Procedure, in normal course a person already undergoing a sentence of imprisonment, if sentenced on a subsequent conviction to imprisonment, such imprisonment comm....
: Life convicts have been held entitled to benefit of subsequent sentence, being run concurrently, be it life term or of any lesser term then the different yardstick cannot be applied for those perso....
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