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KULDEEP TIWARI
Sunita – Appellant
Versus
Hastna Arora – Respondent
| Table of Content |
|---|
| 1. common legal issue from revision petitions. (Para 1 , 2 , 3) |
| 2. petitioner's challenge to sentence, not conviction. (Para 4 , 5 , 6) |
| 3. arguments regarding single transaction and sentencing. (Para 7 , 8 , 12) |
| 4. factual matrix of the complaints under ni act. (Para 9 , 10 , 11) |
| 5. court's discretionary powers under section 427 of cr.p.c. (Para 15 , 16 , 18) |
| 6. legal precedents regarding concurrent sentences. (Para 17 , 19 , 20 , 21) |
| 7. defining single transaction for concurrent sentences. (Para 22 , 23 , 24) |
| 8. modification of sentence based on single transaction rule. (Para 25 , 26 , 27) |
| 9. final disposition of the case. (Para 28 , 29 , 30) |
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 co
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.
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....
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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