INAYAT Vs. ADARSH VYAPARI SAKH SAHKARITA MYD.

JUDGEMENT

(1.) This common order shall govern the disposal of Cr.R. Nos. 1177/2013, 1183/2013, 1180/2013, 1181/2013 and 1307/2013. These criminal revisions are directed against the order passed by the learned Special Judge, Badwani in Criminal Appeal Nos. 03/2012, 21/2013, 47/2012, 132/2012 and 69/2013 respectively, by which, learned Special Judge dismissed the appeals filed by the present applicant against the order of conviction passed against him by learned JMFC, Badwani in Criminal Case Nos. 969/2010, 40/2011, 33/2011, 23/2011 and 306/2011 respectively. The relevant facts for disposal of these criminal revisions are that the present applicant was convicted by learned JMFC, Badwani under Section 138 of Negotiable Instruments Act and sentenced him for one year's RI with fine in Criminal Case Nos. 969/2010, 33/2011 and 23/2011 and two years' RI with fine in Criminal Case Nos. 40/2011 and 306/2011.

(2.) At the outset, learned Counsel for the applicant stated that he does not want to challenge conviction and sentence including the fine amount imposed on him. However, his short prayer involved in this revisions is that the jail sentence awarded to him in five cases should be ordered to run concurrently under Section 427 of Cr.P.C., so that after completing the term, he would come out and try to pay the amount of fine. It was further stated by him that the jail sentence was suspended by the Court, however, as he was not in financial position to deposit the required amount in all the five cases, he remained under custody and he is undergoing the sentence. To decide this question, Section 427 of Cr.PC may be quoted below:--

(3.) Learned Counsel for the applicant placed reliance on the judgment of Hon'ble Apex Court delivered in the case of State v. Madanlal,,2009 2 MPWN 251.