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 Procedure.

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 instituted on 05.09.2017 under Section 138 of the Negotiable Instruments Act in which the petitioner came to be convicted and sentenced vide judgment of conviction and order of sentence dated 10/15.03.2022 passed by the Judicial Magistrate Ist Class, Bhiwani as under:-

4. The appeal bearing Criminal Appeal No.385 of 2022 filed against the aforesaid judgment of conviction and order of sentence dated 10/15.03.2022 came to be dismissed by the Court of the Additional Sessions Judge, Bhiwani vide judgment dated 14.05.2024.

5. Thereafter, the present revision petition bearing No.CRR-149- 2025 has been filed challenging the aforesaid judgments.

6. In the complaint case bearing No.2166 of 2017 as regards cheque No.000007 dated 16.05.2017, the accused-petitioner came to be convicted vide a separate judgment of conviction and order of sentence dated 10/15.03.2022 passed by the Judicial Magistrate Ist Class, Bhiwani as under:-

7. The appeal bearing Criminal Appeal No.386 of 2022 filed against the aforesaid judgment of conviction and order of sentence dated 10/15.03.2022 came to be dismissed by the Court of the Additional Sessions Judge, Bhiwani vide separate judgment dated 14.05.2024.

8. Thereafter, the connected revision petition bearing No.CRR- 118-2025 has been filed challenging the aforesaid judgments.

9. The learned counsel for the petitioner contends that the petitioner does not wish to challenge his conviction but prays that as both the cheques i.e. Cheque bearing No.000007 dated 16.05.2017 and cheque No.000006 dated 28.06.2017 for an amount of Rs.7,80,000/- and Rs.7,90,000/- respectively were issued in discharge of a consolidated debt of Rs.15,70,000/-, the sentence imposed in the Trial emanating from Criminal Complaint No.2165 of 2017 be ordered to run concurrently with that imposed in the Criminal Complaint No.2166 of 2017. Reliance is placed on ‘ Shyam Pal versus Dayawati Besoya and anr. (Criminal Appeal Nos.988- 989 of 2016 (arising out of SLP (Crl.) Nos.6226-27 of 2016) decided on 28.10.2016) and Dalip Kumar versus Sachin Singal (bearing CRM-M- 35360-2022 decided on 17.08.2023)’.

10. The learned counsel for the complainant-respondent No.2, on the other hand, contends that the accused-petitioner has not even paid the amount of compensation awarded and therefore, as t