SUDESH DEVENDRAKUMAR JAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Pranav Trivedi, learned APP and Ms. Hiral Shah, learned advocate for the respondent no.2, waive service of notice of rule on behalf of respective parties. The matter was extensively heard on different dates and on earlier date, with the consent of learned advocates on both the sides, it was heard finally and thereafter kept for pronouncement of judgment.

(2.) The petitioner, who has suffered conviction in four cases under Section 138 of Negotiable Instrument Act, 1881 (for short ' N.I. Act , 1881), has preferred petition under Article 226 of the Constitution of India as well as under Section 482 of the Criminal Procedure Code (for short ' Cr.P.C .') for direction under Section 427 of Cr.P.C. for the sentences to run concurrently imposed by 25th Addl. Senior Civil Judge & C.J.M., Vadodara by judgment and order dated 07.02.2019 in Criminal Case No.36982 of 2015 and Criminal Case No.36983 of 2015 as well as quashing the order of sentences running consecutively in Criminal Case No.36984 of 2015 and Criminal Case No.36985 of 2015 by judgment and order dated 03.12.2019 by the 4 th Addl. J.M.F.C. Vadodara with a further direction of the sentence to run concurrently. All the complaints were filed on 03.07.2015. Criminal Case No.36985 of 2015 was by Sudha Mehta, mother of respondent no.2 - Utpal Vinayak Mehta, who has filed rest of the three complainants.

(3.) The facts as could be gathered from the judgments are briefly narrated as under: