K. UTHAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has been found guilty, convicted and sentenced in eight prosecutions, all under S.138 of the Negotiable Instruments Act initiated by different complainants, that is respondents 2 to 9 herein. The petitioner has been sentenced to undergo various terms of substantive imprisonment. There is also a direction to pay compensation and default sentences imposed in all these cases. The verdicts of guilty and convictions have become final now, some by judgments of the appellate court and some by orders passed by the revisional court.

(2.) In this petition, the petitioner claims only a short and limited relief. He prays that powers under S.482 Cr. P. C may be invoked and direction may be issued under S.427 Cr.P.C that the substantive sentences of imprisonment in all these eight cases shall run concurrently. The petitioner is stated to be undergoing imprisonment from 02/05/2006. The learned counsel for the petitioner relies on the decision of the Division Bench of this court in Subramonian v. State of Kerala, 1983 KLT 452 : 1983 KHC 99 : 1983 KLN 274 and Abdul Gafoor v. Abdulla, 2006 (1) KLD (Crl) 200 : 2005 KHC 1855 : 2005 (4) KLT 840 : 2005 (3) KLJ 413.

(3.) The Prosecution is initiated by eight different complainants. The offences alleged in these eight cases are different and distinct though all are punishable under the same section of offence punishable under S.138 of the N.I. Act.