RAMESH CHANDRA LOHAR Vs. STATE

JUDGEMENT

(1.) Instant misc petition under Sec. 482 Cr.P.C has been filed by the petitioner with the prayer that the sentences awarded to the petitioner by the learned Additional Chief Judicial Magistrate, Kanod (Udaipur) in Criminal Regular Case NO. 321/2016 and 322/2016 for offence under Sec. 138 N.I. Act may be ordered to run concurrently.

(2.) Learned counsel for the petitioner submits that total two cases were registered against the petitioner. In Criminal case No. 321/2016, the petitioner has been convicted for offence under Sec. 138 N.I. Act and sentenced to 01 years SI alongwith fine of Rs.1,00,000.00, in default of payment of fine, to undergo one month S.I. In another Criminal case No.322/2016, the petitioner has been convicted for offence under Sec. 138 N.I. Act and sentenced to 01 year S.I and fine of Rs.1,50,000.00, in default of payment of fine, 01 month's S.I.

(3.) Learned counsel for the petitioner submits that the maximum term of imprisonment awarded to the petitioner in both the cases is 01 years S.I alognwith fine in each case and the petitioner is behind the bars since 4/1/2019, therefore, it is prayed that since the offence relates to same period in different cases, therefore, it is a fit case, wherein the Court may exercise inherent powers for invoking Sec. 427 Cr.P.C. in the interest of justice. Learned counsel for the petitioner has placed reliance upon the order passed by co-ordinate Bench of this Court in the case of Chandradev Vs. State of Rajasthan (S.B. Criminal Misc. petition No. 1736/2018) decided on 30/10/2018.