PATEL PARSHOTTAMBHAI BHAGWANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of Special Criminal Application No. 150 of 2003, the petitioner challenges the action of the respondents in not releasing the petitioner from jail despite having already undergone the maximum sentence awarded by the learned Addl. Sessions Judge, Surendranagar by common judgment and order dated 30-9-2002 in Criminal Appeal No. 26 of 1999 filed by the petitioner as also in Criminal Revision Application No. 25 of 2001 preferred by the complainant produced at Annexure "B" to the petition and the common order of even date in Criminal Appeal No. 19 of 2002 filed by the petitioner and Criminal Revision Application No. 19 of 2002 preferred by the complainant produced at Annexure "C" to the petition. The petitioner has also sought to free him from jail custody.

(2.) The facts leading to the institution of Special Criminal Application No. 150 of 2003 are that the petitioner had business relations with one Satishchandra Chhotalal Shah, and accordingly, he had bought two truck-loads of black cotton-seeds from him towards the payment of which he had issued three different cheques, namely : (1) Cheque No. 852652 dated 20-11-1995 for Rs.1,20,000/- (2) Cheque No. 852653 dated 1-12-1995 for Rs. 1,20,000/- and (3) Cheque No. 852654 dated 8-12-1995 for Rs. 1,13,247-74 ps. Against the dishonour of these three cheques, the said Satishchandra Chhotalal Shah had filed three different complaints on different dates leaving gap of one month in between each complaint, in the Court of the learned J.M.F.C., Surendranagar under Sec. 138 of the Negotiable Instruments Act. These complaints were registered as Criminal Case Nos. 8232 and 8705 of 1995 and 108 of 1996 respectively.

(3.) It is further the case of the petitioner that in respect of all the three criminal cases as per the sentence awarded by the learned Addl. Sessions Judge, Surendranagar, the petitioner was required to undergo simple imprisonment for 15 months (including three months simple imprisonment in case of failure to pay the compensation amount awarded) as the sentences were ordered to run concurrently by giving benefit of Sec. 427 of the Criminal Procedure Code, 1973. According to the petitioner, considering the set off given to the petitioner for the periods from 25-7-2000 to 30-9-2000 and 18-3-2002 to 24-4-2002 in the two criminal cases as referred above, the imprisonment of the petitioner as imposed by the learned Additional Sessions Judge has already come to an end, and therefore, the petitioner is required to be released forthwith. Hence, the present Special Criminal Application.