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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Rakesh 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 respondent No.1 to run the sentence awarded to the petitioner in two separate cases under Section 138 of the Negotiable Instruments Act (“in short NI Act) concurrently instead of consecutively.
2. It has been asserted that the petitioner was arrayed as an accused in a complaint case number 247/1 of 2014, title Rajeev Kumar Vs. Rakesh Kumar filed under section 138 of the Negotiable Instrument Act, 1881 (NI Act) before learned Additional Chief Judicial Magistrate (1), Amb, District Una, who convicted the petitioner and sentenced him to undergo simple imprisonment of three months, pay a compensation of Rs.1,50,000 and in default of payment of compensation to undergo further simple imprisonment for a period of one month. The petitioner was also tried and convicted in Complaint Case number 293-1-17/14 titled Manmohan Prakash versus Rakesh Kumar by learned Judicial Magistrate First Class (II) Amb, District Una, for the commission of an offence punishable under section 138 of the NI Act, and was sentenced to undergo simple imprisonment of three months and pa
Sentences for distinct transactions under the Negotiable Instruments Act cannot be ordered to run concurrently.
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.
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....
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.
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 benefit of concurrent sentences cannot be sought through a separate petition under Section 482 Cr.P.C. once the judgments of conviction and sentences have attained finality in different cases.
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