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JASJIT SINGH BEDI
Pawan Kumar – Appellant
Versus
G. J. V. , Enterprises – Respondent
JUDGMENT
Jasjit Singh Bedi, J. (Oral)
The present revision petition has been preferred against the impugned judgment dated 27.07.2022 passed by the Additional Sessions Judge, Hisar vide which the judgment of conviction and order of sentence dated 22/24.08.2017 passed by the Judicial Magistrate Ist Class, Hisar, has been upheld.
2. The brief facts of the case as emanating from the pleadings are that the complainant-G.J.V. Enterprises through its partner Gourav Tanwar filed a complaint bearing Criminal Complaint No.441-II with the allegations that Sai Gold India Enterprises Private Limited was a firm being run by the petitioner and his co-accused Krishan Kumar Soni. In order to give a Franchise of the said firm, the complainant deposited a sum of Rs. 97,50,000/- on various dates between 02.08.2012 to 04.05.2013. However, the deal could not materialize and Pawan Kumar (petitioner) and Krishan Kumar Soni agreed to return the amount of security deposited by the complainant for the Franchise. For discharging their liability, the accused issued four different cheques. The details of which are as under:-
| Sr. No. | Cheque No. | Dated | For a sum of (Rs.) | Drawn on |
| 1. | 570575 | 30.11 | ||
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....
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....
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.
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.
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