K. SUNDARARAJ Vs. K.M.TEX, REP. BY ITS PARTNER G. SHANMUGARAJA, VASANTHA COMPLEX, NO.34, NORTH PERUMAL KOIL STREET, ERODE

JUDGEMENT

(1.) The prayer in the present petition is to order the sentence imposed in the judgment dated 24.07.2014 made in STC.Nos.25 and 26 of 2013 to run concurrently with the sentence imposed in the judgment dated 24.07.2014 made in STC.No.528 of 2012 on the file of the learned Judicial Magistrate, Fast Track Court No.I, Erode.

(2.) The case of the respondent herein, before the Trial Court was that, he had lent money for business requirements to the petitioner herein on three occasions within a span of one year, for which, the impugned cheques came to be issued. In connection with the dishonour of three cheques, three complaints came to be filed by the respondent herein in STC.No.528 of 2012, STC. Nos. 25 and 26 of 2013 before the learned Judicial Magistrate, Fast Track Court No.I, Erode. On 24.07.2014, all the three complaints came to be disposed of and the petitioner herein was convicted for an offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as " The N.I.Act") and the petitioner was sentenced to undergo six months imprisonment in each of the three cases. As against the sentences, three appeals came to be filed in C.A.Nos.69, 70 and 71 of 2014 before the First Additional District and Sessions Court, Erode, which also came to be dismissed on 27.09.2016, confirming the order of the trial Court, by three separate judgments.

(3.) The learned counsel for the petitioner submitted that, before the first Appellate Court, the learned counsel who appeared for the petitioner had failed to make a request for having the sentences run concurrently and in view of such "failure", the petitioner herein is undergoing sentences separately. It is in this backdrop, the present Crl.O.P.No.14044 of 2017 has been filed.