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2017 (4) TMI 1016

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..... actions though undertaken at different points of time, to be deemed as a singular transaction or two segments of one transaction. The petitioner is in custody since 26.02.2016. He has undergone around fourteen months incarceration besides emission. Considering the duration of the appellant’s custody, the nature of offence involved and the nature of transactions between the parties thereto, the petitioner is entitled to the benefit of the discretion contained under Section The substantive sentence of SI for six months each awarded to the petitioner in the three complaint cases referred to hereinabove would run concurrently. Needless to say, the petitioner would have to serve the default sentences, if the fine, as imposed, has not bee .....

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..... 4 reveals that he has already undergone two months and twenty-seven days incarceration besides remission for one month and two days as on 15.02.2017. 4. It is not in dispute that property bearing No.150D/9, Kishan Garh, New Delhi was taken on a monthly rent of ₹ 84,500/- by the petitioner vide lease agreement dated 28.12.2012 executed with one Sada Ram Khatri. The petitioner did not pay the rental amount. He requested the complainant to make the payments to the landlord Sada Ram Khatri on his behalf. The complainant paid the rented amount and in discharge of the said liability the petitioner issued cheques bearing No.390125 390126 dated 11.11.2013 for a sum of ₹ 50,000/-, drawn on Canara Bank, Mehrauli Branch, New Delhi. Th .....

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..... CC 761 is fully applicable to the facts and circumstances of this case. The facts pleaded and proved do unassailably demonstrate that the loans advanced had been in the course of a series of transactions between the same parties on same terms and conditions. There is, thus, an overwhelming identicalness in the features of the three cases permitting the three transactions though undertaken at different points of time, to be deemed as a singular transaction or two segments of one transaction. 7. The petitioner is in custody since 26.02.2016. He has undergone around fourteen months incarceration besides emission. Considering the duration of the appellant s custody, the nature of offence involved and the nature of transactions between the .....

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