SHAFIQ Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition U/s. 427 read with Section 482 Cr. P. C. wherein the prayer is, that the sentence awarded to the petitioner in Cr. A. Nos. 167/07 and 168/07 decided on 22/01/08 by XVIIIth Additional Sessions Judge, Indore whereby petitioner was convicted U/s 138 of Negotiable Instruments Act (which shall be referred hereinafter as an Act) for a period of one year and fine of Rs. 75,000/-and in default further conviction of three months, be directed to run concurrently.

(2.) MR. MS. Chouhan. learned counsel for petitioner argued at length and submits that upon filing private complaints case was registered against the petitioner and petitioner was convicted U/s 138 of the Act for a period of one year with fine in each of the case. It is submitted that the conviction was maintained in Cr. A. No. 167/07 and 168/07 vide judgment dated 22/01/08 by XVIIIASJ, Indore. It is submitted that the revision petition filed by the petitioner before this Court which was numbered as Cr. R. No. 903/08 was dismissed vide judgment dated 23/09/08. It is submitted that in both the cases the nature of offence was one and in both the cases the complainant was respondent No. 2. It is submitted that since there were two cheques, therefore, the petitioner was prosecuted separately and the order of conviction was also passed separately. It is submitted that the petition filed by the petitioner be allowed.

(3.) LEARNED counsel for respondent No. 1 submits that since the petitioner has not prayed that the conviction be directed to run concurrently at the time of trial and also in appeal, therefore, at this stage the petition filed by the petitioner is not maintainable and deserves to be dismissed. Learned counsel placed reliance on a decision in the matter of MR. Kudva Vs. State of Andhra Pradesh. Reported in 2007 (1) Crimes 50 (50 ). It is submitted that petition filed by the petitioner be dismissed.