M.M.FABS AND TOOLS Vs. NARASIMHA MURTHY

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Cr.P.C, praying this Court to pass an order holding that the order dtd. 27/11/2019 passed by this Hon'ble Court in Crl.R.P.No.361/2019 C/w. Crl.R.P.No.363/2019 and the order dtd. 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 Sec. 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 Sec. 138 of NI Act. Learned Magistrate, after the trial, considering the evidence in all the cases convicted and sentenced the accused for the offence punishable under Sec. 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, modified the sentence imposed by the earlier Courts and directed in default of making the payment, to undergo imprisonment for a period of one year. However, two Revision Petitions were clubbed together and another Revision Petition was disposed of independently. Learned Magistrate had issued two warrants against the petitioner herein and the petitioner is serving the sentence ever since from the date of 24/9/2019 and the said sentence of imprisonment for a period of one year has come to an end on 23/9/2020. However, the petitioner has not yet been released and he is still detained in the prison. Therefore, requested the jail authorities to release the petitioner herein and the jail authorities have not released him. In view of the inaction of jail authorities, the present petition is filed.