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TMI Blog2021 (5) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... nary power of the Court to direct sentence to run concurrently and also discussed with regard to when it should be exercised. It is further held that no straight jacket approach can be laid down. However, only substantive sentence can be directed to run concurrently and sentence awarded in default of payment of fine/compensation cannot be directed to run concurrently. In the present case, the petitioner has not paid the amount and he has committed a default of payment of fine/compensation amount, the Apex Court held that Section 427 of Cr.P.C. do not permit to issue a direction for the concurrent running of the substantive sentences with sentences awarded in default of payment of fine/compensation and hence, this Court is of the view that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gistrate, after the trial, considering the evidence in all the cases convicted and sentenced the accused for the offence punishable under Section 138 of NI Act and also in default of payment of fine/compensation, sentenced to undergo imprisonment for a period of three months. The said orders have been challenged before the Appellate Court and the Appellate Court allowed the appeal in part, wherein default sentence of three months imprisonment has been imposed in all the three cases. Being aggrieved by the judgment passed by the First Appellate Court in Criminal Appeals, the petitioner had preferred Criminal Revision Petition before this Court. 3. This Court, after hearing both the sides on the sentence to pay a fine/compensation amount, mod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly. 5. Learned counsel brought to the notice of this Court the provisions of Section 427 (1) of Cr.P.C. and prayed the Court to hold the sentence as concurrent. Learned counsel also relied upon the judgment in the case of V.K.Bansal v. State of Haryana and Another reported in (2013) 7 SCC 211. Referring to this judgment, learned counsel would contend that the sentence so imposed on the petitioner ought to have been made as concurrent. 6. Per contra, learned counsel appearing for the respondents No.1 and 2 would vehemently contend that the cheques were issued in respect of different transactions. However, three criminal cases are filed against the petitioner. In all total 10 cheques were issued, for six cheques, 2 cases are filed against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Having perused the order passed by this Court, Crl.R.P.No.361/2019 connected with Crl.R.P.No.363/2019 were considered together since in both the matters complainant is one and the same. This Court also while considering the matter on merit in para No.17 directed to make the payment as compensation. It is also observed that if the said amount is not paid within two months from the date of the order, it carries an interest at the rate of 9% per annum for the delayed period. The order is also very clear that in default, he has to undergo imprisonment for a period of one year. In Crl.R.P.No.362/2019 filed by the petitioner, who is a different complainant had approached this Court questioning the sentence imposed by the learned Magistrate and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of fine/compensation cannot be directed to run concurrently. 12. This Court would like to extract para No.18 of the judgment of the Apex Court, wherein the Apex Court had discussed in detail regarding the sentences awarded in default of payment of fine/compensation, and held that Section 427 of Cr.P.C permits a direction for concurrent running of the substantive sentences with sentences awarded in default of payment of fine/compensation, which reads as hereunder:- 18. Applying the principle of single transaction referred to above to the above fact situations we are of the view that each one of the loan transactions/financial arrangements was a separate and distinct transaction between the complainant on the one hand and the borrowing comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with sentences awarded in default of payment of fine/compensation. 13. Having perused the principles laid down in the judgment and also in the case on hand, the petitioner has not paid the amount and he has committed a default of payment of fine/compensation amount, the Apex Court held that Section 427 of Cr.P.C. do not permit to issue a direction for the concurrent running of the substantive sentences with sentences awarded in default of payment of fine/compensation and hence, this Court is of the view that the sentences passed by this Court cannot be directed to run as concurrently as the petitioner has been awarded default sentence and hence, I do not find any error committed by the learned Magistrate or jail authorities in not consideri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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