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High Court of Judicature at Madras
G.M. AKBAR ALI, J.
A. Paulraj
Versus
Maria Chellammal & Others
Crl. O.P. No. 3765 of 2010
Decided On : 29-05-2011
Section 138 of Negotiable Instrument Act - Direction to serve sentences concurrently - Sections 427 and 428 of Cr.P.C. - Summary of Acts and Sections: Sections 427 and 428 of Cr.P.C. - The judgment discusses the petitioner's request to serve multiple sentences concurrently under Section 138 of the Negotiable Instrument Act and the application of Sections 427 and 428 of the Cr.P.C. The court considered various precedents and legal provisions to determine the applicability of concurrent sentences.
Fact of the Case:
The petitioner sought a direction to serve multiple sentences concurrently under Section 138 of the Negotiable Instrument Act. The petitioner was convicted in 11 different cases for offenses under Section 138 of the Act and approached the court to invoke the jurisdiction under Section 482 Cr.P.C. read with 427 Cr.P.C. for a direction to serve all the sentences concurrently.
Finding of the Court:
The court analyzed the petitioner's request in light of Sections 427 and 428 of Cr.P.C. and considered precedents such as State of Punjab v. Madan Lal and M.S. Kudva v. State of Andhra Pradesh. The court found that the petitioner was entitled to the benefit under Section 427 Cr.P.C. and allowed the application to serve the sentences concurrently.
Issues: The main issue was whether the petitioner, convicted in multiple cases under Section 138 of the Negotiable Instrument Act, was entitled to serve the sentences concurrently under Section 427 Cr.P.C.
Ratio Decidendi: The court applied the principles outlined in Sections 427 and 428 of Cr.P.C. and considered relevant precedents to determine the petitioner's entitlement to concurrent sentences.
Final Decision: The court allowed the petitioner's application and directed the sentences to run concurrently, citing the applicability of Section 427 Cr.P.C. and relevant precedents.
1. The petition is filed to issue a direction to permit the petitioner to serve all the sentence imposed in C.C. No. 113 of 1998 dated 28.6.2007 on the file of the learned Judicial Magistrate, Padmanabhapuram, Kanyakumari District, C.C. No. 297 of 1998 dated 18.1.2008 on the file of the Judicial Magistrate No. 2, Kuzhithurai, Kanyakumari District which was confirmed in C.A. No. 17 of 2002 dated 21.7.2006 on the file of the Sessions Court, Nagercoil, Kanyakumari District, C.C. No. 343 of 2000 dated 23.2.2007 which was confirmed in C.A. No. 26 of 2009 dated 8.1.2010 on the file of the Sessions Court, Nagercoil, Kanyakumari District, C.C. No. 23 of 2002 dated 12.1.2007 on the file of the District Munsiff cum Judicial Magistrate, Eraniel, Kanyakumari District, C.C. No. 119 of 1999 dated 22.12.2006 on the file of the Judicial Magistrate No. I, Kuzhithurai, Kanyakumari District and C.C. No. 120 of 1999 dated 22.12.2006 on the file of the Judicial Magistrate No. I, Kuzhithurai, Kanyakumari District to run the imprisonment concurrently with C.C. No. 21571 of 2006.
2. The petitioner, who was convicted in 11 different cases filed under Section 138 of Negotiable Instrument Act for different periods, has approached this Court to invoke the jurisdiction under Section 482 Cr.P.C. read with 427 Cr.P.C. for a direction to permit the petitioner to serve all the sentences concurrently.
3. On 15.11.2006, the petitioner was convicted in S.T.C. No. 2157 of 2006 on the file of the Judicial Magistrate No. I, Tirunelveli, Tiruneveli District for the alleged offence under Section 138 of N.I. Act and two years simple imprisonment was imposed.
4. On 2.12.2006, the petitioner was convicted in C.C. No. 2642 of 2004 on the file of the Judicial Magistrate No. II, Nagercoil, Kanyakumari District for the alleged offence under Section 138 of N.I. Act and one year imprisonment was imposed and further directed to undergo sentence concurrent with S.T.C. No. 2157 of 2006 on the file of the Judicial Magistrate No. I, Tirunelveli dated 15.11.2006.
5. On 25.4.2007, the petitioner was convicted in C.C. No. 367 of 1999 on the file of the Judicial Magistrate No. I, Kuzhithurai, Kanyakumari District on 7.6.2004 for the alleged offence under Section 138 of N.I. Act imposing two years rigorous imprisonment with fine amount of Rs. 5000/-and on default in payment, the petitioner has to undergo another one month of simple imprisonment which was confirmed in C.A. No. 142 of 2004 on the file of the Sessions Court, Kanyakumari Division at Nagercoil and further directed to undergo sentence concurrent with S.T.C. No. 2157 of 2006 on the file of the Judicial Magistrate No. I, Tirunelveli, dated 15.11.2006.
6. On 29.6.2007, the petitioner was convicted in C.C. No. 123 of 2002 on the file of the Judicial Magistrate No. III, Nagercoil, Kanyakumari District oh 12.3.2005 for the alleged offence under Section 138 of N.I. Act imposing one year rigorous imprisonment with, fine amount of Rs. 2500/-and on default in payment, the petitioner has to undergo one month of simple imprisonment which was confirmed in C.A. No. 96 of 2005 on the file of the Sessions Court, Kanyakumari Division at Nagercoil, and further directed to undergo sentence concurrent with S.T.C. No. 2157 of 2006 on the file of the Judicial Magistrate No. I, Tirunelveli dated 15.11.2006.
7. On 29.6.2007, the petitioner was convicted in C.C. No. 110 of 2002 on the file of the Judicial Magistrate No. III, Nagercoil, Kanyakumari District on 12.3.2005 for the; alleged offence under Section 138 of N.I. Act imposing one year rigorous imprisonment with fine amount of Rs. 2500/-and on default in payment, the petitioner has to undergo one month of simple imprisonment which was confirmed in C.A. No. 95 of 2005 on the file of the Sessions Court, Kanyakumari Division at Nagercoil and further directed to undergo sentence concurrent with S.T.C. No. 2157 of 2006 on the file of the Judicial Magistrate No. I, Tirunelveli, dated 15.
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