MUKESH BHATIA Vs. STATE AND ORS.

JUDGEMENT

(1.) Vide the present petition, petitioner seeks directions thereby setting aside the order dated 04.11.2015 passed by Id. MM, Tis Hazari Courts, Delhi in Complaint Case Nos. 5983/2011 and 5984/2011 filed under Sec. 138 of Negotiable Instruments Act, 1881. Further seeks directions that the sentence awarded vide orders dated 15.05.2015 in the aforesaid cases shall run concurrently and not simultaneously/consecutively.

(2.) Admittedly, both the complaint cases were borne out of a single transaction and single agreement, due to which the aforesaid two cases were commenced as is indicated in Para 4 of the Judgement dated 10.05.2013.

(3.) Ld. Counsel appearing on behalf of the petitioner submits that Mandate of Sec. 427 of Cr.P.C. is that if the transaction is one and the cases are registered against one accused and both were clubbed together and decided simultaneously, sentences awarded by the Trial Court shall run concurrently and not consecutively. To substantiate his arguments, Id. Counsel has relied upon a case of Ahsaan v/s. State of Delhi Through Moti Nagar Police Station in Crl. Appeal No. 1068/2009 decided by Hon'ble Supreme Court on 14.05.2009 wherein it is held as under: