Concurrent running of default imprisonment for non-payment of fine or compensation is not available under Section 427(1) CrPC.

Section 427(1) of the Code of Criminal Procedure permits concurrent running of sentences only for substantive imprisonment, not for default imprisonment imposed for non-payment of fine or compensation. In multiple cheque dishonour matters, the court held that default sentences cannot be directed to run concurrently under that provision, and the fact that the complainants were different and the transactions were separate also supported refusal of the request. Relief seeking concurrent treatment of the default sentences was therefore rejected.

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Issues: Whether the sentence imposed in default of payment of fine or compensation in multiple cheque dishonour cases could be directed to run concurrently under Section 427(1) of the Code of Criminal Procedure, 1973.

Analysis: The sentence under challenge arose from default in payment of compensation/fine in cheque dishonour proceedings. Section 427(1) of the Code of Criminal Procedure, 1973 confers discretion to direct concurrent running of sentences, but the governing principle applied here is that such concurrency is confined to substantive sentences. A sentence awarded in default of payment of fine or compensation is not covered by that discretion. The fact that the complainants were different and the transactions were separate further supported refusal of the requested relief.

Conclusion: The request to treat the default sentences as concurrent was not maintainable and was rejected.

Final Conclusion: Relief under Section 427(1) of the Code of Criminal Procedure, 1973 was declined because default imprisonment for non-payment of fine or compensation cannot be ordered to run concurrently.

Ratio Decidendi: Section 427(1) of the Code of Criminal Procedure, 1973 does not permit concurrent running of sentences awarded in default of payment of fine or compensation; concurrency, where ordered, is limited to substantive sentences.

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