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.

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 given allotment letters, agreement and other documents by DIL. Although for some reason and as per the allegations made by the complainants neither sale-deeds were executed in their favour nor the amount paid in advance was returned to them. The disgruntled buyers, 250 in number, being aggrieved with the failure of transaction, filed complaints and also got the FIR registered against the petitioner. The order dated 01.08.2018 passed by the Additional Sessions Judge, Bhopal contains that there are four trials pending against the petitioner i.e. S.T.Nos.367/2011, 205/2012, 404/2012 and 370/2012 and there is separate cluster of complaint cases under section 138 of N.I. Act. The court exercising the power under Section 219 of CrPC directed the Superintendent of Police, North Bhopal to instruct the competent officer of Police Station Kohefiza to submit separate charge- sheets before learned JMFC in connection with all the pending complaints except the said four pending trials. The petitioner stood convicted in some cases and conversely got acquitted in certain cases by the court below.

3.2 As per the petitioner, his intention was never treacherous towards anybody inasmuch as he has been in the business since 1988 and had completed various projects and sold over 2800 plots to the buyers and earned an unblemished reputation in the society. However, in the year 2003, an agreement was entered into between the petitioner and three farmers for purchasing land of around 22 acres so as to develop the Panchvati Enclave (Panchvati Phase-3) and with bona fide belief that the land would transferred to the DIL, executed agreements with the intending buyers, but those farmers betrayed and one of the Directors of M/s Shriram Bilcons namely Pramod Chichghare also did not comply with the conditions of agreement and somehow the petitioner failed to give possession of the plots to the buyers. The petitioner got entangled in a situation where neither he could get sale-deed executed nor could he pay back the money. The cheques issued in favour of buyers got dishonoured due to ‘insufficient fund’ which gave rise to proceeding under Section 138 of N.I. Act. The petitioner stood convicted in 22 cases. The description of such 22 cases has been depicted by making a listicle chart in the petition.

4. Learned senior counsel for the petitioner sanguinely submitted that the petitioner is aged about 70 years an