9911796707
TMI Blog2018 (1) TMI 495X X X X Extracts X X X X X X X X Extracts X X X X ..... tly but consecutively - petition disposed off. - CRL.REV.P. 772/2016 & CRL.M(BAIL) NO. 2109/2016, 1173/2017, CRL.M.A.15987/2017 & CRL.REV.P. 774/2016 & CRL.M(BAIL) NO. 2110/2016, 1172/2017 - - - Dated:- 4-1-2018 - MS. SANGITA DHINGRA SEHGAL J. Petitioner Through: Ms. Sunita Arora and Mr. Lucky Tiwari, Advocates. Respondents Through: Mr. Mukesh Kumar, APP for the State/respondent no. 1 with Mr. Manish Lamba, Advocate for respondent no.2. 1. The present Revision petition is filed by the petitioner under Section 397 and 401 read with Section 482 of The Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C. ) for setting aside the impugned judgment dated 17.10.2016 passed by District Session Judge (West), Delhi i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner contends and limits her arguments on the quantum of sentence, as accorded by the Trial Court. She submits that since the transaction was between the same parties, though there were two loan agreements, the sentences should have been directed to run concurrently. It was suggested by the counsel for the petitioner that the legal position favours the exercise of discretion for the benefit of an accused in cases where prosecution is based on a single transaction even if different complaints thereof may have been filed for dishonour of different cheques. The transactions forming the basis of prosecution relate to the same parties i.e the petitioner and the respondent and therefore the sentences ought to have been ordered to run con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Court has the power and discretion to issue a direction that a subsequent sentence shall run concurrently with the previous sentences, the very nature of the power so conferred, predicates that the discretion, would have to be exercised along judicial lines or not in a mechanical or pedantic manner. It was underlined that there is no cut and dried formula for the Court to follow, in the exercise of such power and that the justifiability or otherwise of the same, would depend on the nature of the offence or offences committed and the attendant facts and circumstances. 7. Keeping in mind the above settled proposition of law, it is seen in the present case that it is undisputed that two loan agreements were entered into by the part ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
