ANIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed present petition under Sec. 482 of Code of Criminal Procedure, 1973 seeking an order for running the jail sentences concurrently under Sec. 427 of the Cr.P.C. and quashing of the order of jail sentence in default of payment of the amount of compensation granted under Sec. 357 of Cr.P.C. read with Sec. 117 of the Negotiable Instruments Act, 1881.

(2.) The applicant borrowed some amount from respondents No.3 to 7 and in order to return the aforesaid amount he issued cheques to them. Since all the cheques have been returned unpaid for want of sufficient fund in his bank account, respondents No.3 to 7 filed five different complaints before the Judicial Magistrate First Class under Sec. 138 of Negotiable Instruments Act. The applicant contested all the five cases and he stand convicted and sentenced to undergo 06 months rigorous imprisonment and further 06 months additional rigorous imprisonment in default of payment of the compensation/ fine under Sec. 357 of Cr.P.C. read with Sec. 117 of Negotiable Instruments Act. The particulars of the judgment and jail sentence are as under:- Court Case No. Sentence JMFC, Anjad 484/13 6 Months Rigorous Imprisonment under Sec. 138 of the N.I.Act. 6 Months Additional in case of default in payment of the Compensation under Sec. 357 of Cr.P.C and 117 of N.I.Act. JMFC, Anjad 485/13 Same JMFC, Anjad 486/13 Same JMFC, Anjad 153/13 Same JMFC, Anjad 532/11 Same

(3.) Being aggrieved by the aforesaid conviction and sentence, the applicant preferred five different appeals by depositing part of compensation payable to the complainants. Vide order dtd. 24/03/2017 all the appeals have been dismissed. The applicant was sent to jail on 29/08/2019.