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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASJIT SINGH BEDI
Raj Kumar – Appellant
Versus
State Of Haryana – Respondent
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:-
| Offence under Section | Sentence RI/SI | Compensation | Sentence in default o |
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....
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....
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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