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KULDEEP TIWARI
Sunita – Appellant
Versus
Hastna Arora – Respondent
JUDGMENT :
Mr. Kuldeep Tiwari, J.
Since both the petitions are preferred by the same petitioner, namely Sunita, wherein, a common legal issue has been raised, therefore, being amenable for a common decision, same are being taken up together for final disposal.
2. Through the instant revision petitions, challenge is thrown to the verdict of conviction, and consequent thereto, order of sentence dated 08.01.2019, whereby, the learned Judicial Magistrate Ist Class, Hisar (hereinafter referred to as ‘the learned trial court concerned’), has convicted the petitioner for commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘N.I.Act’), in private complaint cases bearing Nos.NACT/222/2017, and case no.NACT/197/2017 respectively, and, sentenced her to undergo simple imprisonment for 01 year respectively, with further direction to pay compensation of Rs.7,00,000/- and Rs.10,00,000/-, respectively.
3. In addition, the petitioner has also assailed the verdict dated 06.05.2024, whereby, the learned Sessions Judge, Hisar, has dismissed the statutory appeal filed by the petitioner, and upheld the verdict of conviction and order of s
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.
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 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 upheld the legislative intent of section 427 Cr.P.C. and relevant precedents to allow concurrent running of substantive sentences to prevent prolonged imprisonment.
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