9911796707
TMI Blog2021 (5) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... and the order dated 27.11.2019 passed in Crl.R.P.No.362/2019 shall run concurrently; to direct respondent No.3 to release the petitioner in view of having served the sentence of one year as per the orders of this Hon'ble Court and to pass such orders or directions as this Hon'ble Court deems just and proper in the facts and circumstances of the case. 2. The factual matrix of the case is that respondent No.1 had filed two complaints against this petitioner for the offence punishable under Section 138 of Negotiable Instruments Act (for short 'the NI Act') and the same were numbered as C.C.No.11268/2014 and C.C.No.11269/2014. Respondent No.2, who is the wife of respondent No.1 also filed the complaint invoking Section 138 of N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w of the inaction of jail authorities, the present petition is filed. 4. The main grounds urged in the petition is that the petitioner inspite of serving the sentence for a period of one year in view of the order passed by this Court, the petitioner has been detained in the jail, which is erroneous, arbitrary and unconstitutional. In all the judgments and orders passed by the learned Magistrate, there are no specific directions that the sentences shall run consecutively. In the absence of any specific directions and in view of the order passed by this Court is silent and also the petitioner having already served the sentence of imprisonment for a period of one year, it is just and necessary to hold the sentence passed against the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... annot be any order for making the sentence as concurrent sentence and the same should be consecutive. Learned HCGP would vehemently contend that the jailor's report is also received and when the default sentence has been passed against the petitioner, the question of making the same as concurrent sentence cannot be accepted as contended by the learned counsel for the petitioner. 9. Having heard the learned counsel for the respective parties and also on perusal of the records, it is not in dispute that total 10 cheques were issued by the petitioner and in respect of 6 cheques, two criminal cases are registered. It is also not in dispute that in two cases the complainants are different. No doubt, there is no dispute that both these co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 11. Learned counsel appearing for the petitioner though relied upon this judgment, failed to take note of the fact that the Apex Court categorically held that sentences awarded in default of payment of fine/compensation cannot be directed to run concurrently. In the case on hand, it is not in dispute that the petitioner has not paid the amount as directed by this Court but he has committed a default in payment of fine amount. When such being the case, the sent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter/Director of the said other companies also. Similarly, we see no reason to direct running of the sentence concurrently in the case filed by State Bank of Patiala against M/s Sabhyata Plastics and M/s Rahul Plastics which transaction is also independent of any loan or financial assistance between the State Financial Corporation and the borrowing companies. We make it clear that the direction regarding concurrent running of sentence shall be limited to the substantive sentence only. The sentence which the appellant has been directed to undergo in default of payment of fine/compensation shall not be affected by this direction. We do so because the provisions of Section 427 CrPC do not, in our opinion, permit a direction for the concurre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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