Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASJIT SINGH BEDI
Raj Kumar – Appellant
Versus
State Of Haryana – Respondent
| Table of Content |
|---|
| 1. background on the cheques and convictions (Para 1 , 2 , 3 , 4 , 6 , 8) |
| 2. arguments for concurrent vs consecutive sentences (Para 9 , 10) |
| 3. court's rationale and analysis on concurrent sentencing (Para 11 , 12 , 13 , 17) |
| 4. legal standards for concurrent sentencing (Para 14 , 15) |
| 5. final orders and conclusions (Para 18) |
JUDGMENT :
JASJIT SINGH BEDI, J.
The present revision petition has been filed against the judgment dated 14.05.2024 passed by the Additional Sessions Judge, Bhiwani vide which the appeal preferred by the accused-petitioner against the judgment of conviction and order of sentence dated 10/15.03.2022 passed by the Judicial Magistrate Ist Class, Bhiwani has been dismissed.
2. The brief facts of the case are that in discharge of his legal liability, the accused-petitioner issued a cheque bearing No. 000006 dated 28.06.2017 for an amount of Rs.7,90,000/- drawn on HDFC bank Ltd., Jui and another cheque bearing No.000007 dated 16.05.2017 for an amount of Rs.7,80,000/- drawn on HDFC Bank Ltd., Jui in favour of the complainant. Both the said cheques came to be dishonoured.
3. As regards Cheque No.000006 dated 28.06.2017, a complaint bearing No.2165 of 2017 was i
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 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....
Sentences for distinct transactions under the Negotiable Instruments Act cannot be ordered to run concurrently.
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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
