SHASHI BHUSHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Shashi Bhushan has filed this petition under Section 427 read with Section 482 Cr.P.C for modification of the sentence part as recorded by the trial Court and upheld by Appellate Court only to the extent that sentences awarded to the petitioner on the same date in three different complaints under Section 138 of Negotiable Instruments Act, 1881 be ordered to run concurrently.

(2.) The facts in brief leading to the present petition are that respondent/complainant filed three different complaints for dishonour of three cheque Nos. 035833 dated 23.04.2015, 035835 dated 23.10.2015 and 035834 dated 23.07.2015 amounting to Rs.1,00,000/- each allegedly issued by the petitioner in favour of respondent No.2/complainant.

(3.) It was mentioned in the complaint that a friendly loan of Rs.3,00,000/- was advanced by the complainant in January, 2015 and to discharge the said liability, the cheques in question were issued. However, the same had dishonoured thereby compelling the complainant to institute the complaints bearing Nos.1265 dated 26.05.2015, 2332 dated 19.10.2015, 2600 dated 02.12.2015. However, there was another complaint bearing No.99 dated 13.01.2016 for a cheque of Rs.1,00,000/- wherein he was awarded sentence of six months. However, no appeal was filed against the said judgment of conviction dated 24.07.2017 and order of sentence dated 26.07.2018.