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MANOJ BAJAJ
Sanjay Mann – Appellant
Versus
Karan Lake Tourist Resort, Haryana Tourism Corporation Ltd. Karnal – Respondent
JUDGMENT
Manoj Bajaj, J. (Oral) - CRM-5970-2022 in CRR-169-2020 CRM-5969-2022 in CRR-175-2020 CRM-5982-2022 in CRR-176-2020 CRM-5962-2022 in CRR-174-2020
2. The prayer in the above applications is for preponment of the date of hearing of the main cases.
3. Learned counsel for the respondent does not oppose the prayer.
In view of the above, the applications are allowed and date of hearing is preponed to today.
CRR-169-2020, CRR-175-2020, CRR-176-2020 & CRR-174-2020
4. Petitioner-Sanjay Mann (convict) has filed these separate petitions to challenge the decision dated 05.12.2019 passed by the appellate court, whereby his conviction under Section 138 Negotiable Instruments Act 1881 recorded by the trial court vide judgment dated 10.07.2018 and order of sentence dated 11.07.2018 was upheld.
5. The facts, in brief, leading to the present petitions are that respondent/complainant filed four different complaints for dishonour of four cheques Nos.111545 dated 01.10.2016, 111544 dated 01.10.2016, 111546 dated 01.10.2016 and 111543 dated 01.10.2016 amounting to Rs.2,08,150/-each allegedly issued by the petitioner in favour of the respondent.
6. It was mentioned in the complaints that the complainant
Concurrent running of sentences may be allowed for offenses under Section 138 of the Negotiable Instruments Act when the offenses are non-heinous and arise from a common transaction.
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....
Sentences for distinct transactions under the Negotiable Instruments Act cannot be ordered to run concurrently.
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....
The court affirmed that dishonoured cheques can lead to conviction under Section 138 of the Negotiable Instruments Act, and concurrent sentences may be ordered based on the nature of the transactions....
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