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2025 Supreme(Online)(P&H) 17887

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAJ KUMAR – Appellant
Versus
STATE OF HARYANA AND ANR – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on :09.10.2025 Date of Pronouncement:13.10.2025 Raj Kumar .... Petitioner V/s State of Haryana and anr. ...Respondents CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Amandeep Sheoran, Advocate, for the petitioner.

Mr. Vipul Sherwal, AAG, Haryana. Mr. Onkar Singh Batalvi, Advocate, for respondent No.2.

*****

JASJIT SINGH BEDI, J. (Oral)

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 two separate complaints (i.e. Complaints No.2166 of 2017 and 2165 of 2017 respectively) have been instituted leading to two separate Trials and separate judgments of conviction, there is no justifiable reason to order the sentences to run concurrently. Therefore, the present revision petition is liable to be dismissed and the prayer of the petitioner seeking the sentences to run concurrently ought not to be allowed.

11. I have heard the learned counsel for the par

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