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Petitioner's Sentences to Run Concurrently; Entitled to Release Relief The court ordered that the substantive sentences in all three complaint cases should run concurrently, with the petitioner required to serve the default ...
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Petitioner's Sentences to Run Concurrently; Entitled to Release Relief
The court ordered that the substantive sentences in all three complaint cases should run concurrently, with the petitioner required to serve the default sentences if fines were unpaid. The petitioner was entitled to consequential reliefs for his release from custody based on this determination.
Issues: Petition under Section 482 Cr.P.C. seeking concurrent running of sentences under Section 138 Negotiable Instruments Act in three complaint cases.
Analysis: 1. The petitioner filed a petition under Section 482 Cr.P.C. requesting that the sentences imposed on him in three different complaint cases under Section 138 of the Negotiable Instruments Act be ordered to run concurrently. Despite being served, Respondent No.2 did not contest the petition. 2. The petitioner was convicted in three complaint cases and sentenced to undergo imprisonment and pay fines. Appeals challenging the conviction and sentence were dismissed. The petitioner had served the substantive sentences in two cases, with the default sentence pending in one case. 3. The petitioner had already served a significant portion of the sentence in the third case as per the Nominal Roll. The court noted the details of the rental agreement, non-payment of rent by the petitioner, and subsequent dishonored cheques leading to the complaints. 4. The complaints arose from transactions between the same parties involving rent payments made by the complainant on the petitioner's behalf, which were later dishonored. The court found overwhelming identicalness in the features of the three cases, treating them as part of a singular transaction. 5. Referring to a Supreme Court judgment, the court concluded that the transactions between the parties constituted a series of transactions on the same terms and conditions. Considering the duration of the petitioner's custody, the nature of the offense, and the transactions involved, the court held that the sentences should run concurrently. 6. The court ordered that the substantive sentences in all three complaint cases should run concurrently, with the petitioner required to serve the default sentences if fines were unpaid. The petitioner was entitled to consequential reliefs for his release from custody based on this determination.
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