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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SANJAY DWIVEDI
Ramakant Vijaywargiya – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Sanjay Dwivedi, J.
With the consent of learned counsel for the rival parties and looking to the issue involved in the matter, it is heard finally.
2. This petition has been filed under Section 528 r/w 467 of the Bharatiya Nagrik Suraksha Sanhita, 2023 read with Section 427 of Code of Criminal Procedure seeking a direction to run all sentences imposed on the petitioner concurrently.
3. A succinct portrayal of the case is that there are 22 cases decided by the trial court holding the petitioner guilty and awarding sentence in each case. As per the petitioner, out of one transaction, certain complaints were filed by the complainants under Section 138 of the Negotiable Instruments Act,
3.1 In a Company named and styled as M/s Distinct Infrastructure Ltd. (for brevity “DIL”), the petitioner was a Director. The Company “DIL” has phenomenally completed several Residential & Commercial Projects in the cities of Bhopal, Ujjain and Indore since 1988. A project was introduced by the Company “DIL” in the name of Panchvati Enclave/Panchvati Phase-3, in which, various buyers entered into an agreement with DIL for purchasing the plots. After receiving the payment from the buyers, they were
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 benefit of concurrent sentences cannot be sought through a separate petition under Section 482 Cr.P.C. once the judgments of conviction and sentences have attained finality in different cases.
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.
The court applied section 427 Cr.P.C. and relevant Supreme Court precedents to allow concurrent running of substantive sentences for multiple convictions under section 138 of the N.I. Act, considerin....
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