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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Dushyant Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for issuance of an appropriate order or directions to the respondents that the sentence awarded to the petitioner in different cases under Section 138 of the Negotiable Instruments Act (“in short NI Act) be ordered to run concurrently. It has been asserted that the petitioner was facing the trials in different cases registered against him under Section 138 of the N.I. Act, in the Court of learned Judicial Magistrate, Karsog, District Mandi (H.P) and in the Court of learned Chief Judicial Magistrate, Shimla (H.P), respectively and after conclusion of the trial, the petitioner was convicted by the respective Courts. The details of the cases are as under: -
| Sr. No. | Case Nos & Title | Sentence imposed by the Respective Courts/dated |
| 01. | Case No.70/2021 title Uttam Singh Vs. Dushyant Kumar | Two months' simple imprisonment and compensation to the tune of Rs.3,25,000/- (JMIC) (Karsog) dated 26.072023. |
| 02. | Case No.68/2022 Title Dola Ram Vs. Dushyant Kumar. | Two months' simple imprisonment and compensation to the tune of Rs.2,10,000/- (JMIC) (Karsog) dated 04.01.2024. |
| 03. | Case No.44/2021 Title Nand Lal Vs. Dushyant Kumar. | Six months' |
Sentences for separate offences arising from different transactions cannot run concurrently as per established legal principles.
Sentences for distinct transactions under the Negotiable Instruments Act cannot be ordered to run concurrently.
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....
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.
Court can use discretion under Section 427 of CrPC to allow concurrent sentences in cases arising from similar transactions, particularly for financial offences without violence.
Court may direct sentences to run concurrently when convictions arise out of a single transaction, ensuring proper legal principles are followed under Section 427 of the Cr.P.C.
Point of law : Legal position favours the exercise of the discretion to the benefit of the prisoners in cases where the prosecution is based on a single transaction, no matter even if different compl....
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