KARI YADAV Vs. STATE

JUDGEMENT

(1.) This petition has been filed under Sec. 427(1) read with 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') praying therein that the substantive sentence awarded to the petitioner vide order of sentence dtd. 7/2/2020 in CC No. 1682/2017 and CC No. 1683/2017, both titled as Dinesh Singh v. Kari Yadav, passed by the learned Metropolitan Magistrate-01, Patiala House Courts, New Delhi (hereinafter referred to as the 'Trial Court'), be directed to run concurrently in terms of Sec. 427 of the Cr.P.C.

(2.) The above complaint has been filed by respondent no.2 alleging therein that in the month of October 2015, the petitioner had offered to sell a plot of land ad-measuring 50 square yards situated in Khasra No.2241, at F-Block, Aya Nagar, New Delhi. The Respondent no.2 paid the petitioner an amount of Rs.12.21 lakhs in four instalments. Pursuant to the payment of the final instalment, a receipt-cum-agreement to sell and a separate acknowledgment receipt, both dtd. 3/2/2016, were also executed by the petitioner. The sale formalities were to be completed on or before 30/4/2016. The Respondent no.2 alleged that it then came to his knowledge that the aforesaid plot, for which he had entered into the agreement, did not belong to the petitioner. On confrontation, the petitioner accepted his fault and in order to discharge his liability in part, he issued a cheque bearing no. 982989 dtd. 18/11/2016 (in CC No. 1682/17) and a cheque bearing no. 982990 dtd. 21/11/2016 (in CC No. 1683/2017), both drawn on the State Bank of India, Vasant Kunj Branch, New Delhi. The said cheques, however, on presentation, were returned unpaid with the remarks 'fund insufficient'. The Respondent no.2, thereafter, proceeded to file the above two complaints.

(3.) The said two complaints were decided on the same day by the learned Metropolitan Magistrate, convicting the petitioner of offence under Sec. 138 of the Negotiable Instruments Act, 1881 (in short, 'NI Act') in both the Complaint Cases. In both the above cases, by its subsequent order(s) dtd. 7/2/2020, the learned Trial Court sentenced the petitioner to undergo simple imprisonment of 1 year and a fine of Rs.12.00 lakhs (in CC No. 1682/2017) and simple imprisonment of 1 year and a fine of Rs.9.00 lakhs (in CC No. 1683/2017) to be paid as compensation to respondent no.2 within a period of four months from the date of the order, and in default thereof, to undergo simple imprisonment for a period of three months in both the Complaints, respectively.