ASHUTOSH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. petition has been preferred on behalf of the accused-petitioner Ashutosh Sharma under Sec. 482 r/w 427 Cr.P.C. for issuance of appropriate directions to the authorities regarding the concurrency of sentence passed in three cases by different courts.

(2.) Heard learned counsel for the petitioner, learned Public Prosecutor for the State and gone through the material made available on record.

(3.) Bereft of elaborate details, the brief facts necessary for the disposal of the instant criminal misc. petition are that the petitioner was tried and then convicted in Criminal Complaint No. 408/2018 (300/15) vide judgment dtd. 30/6/2018 passed by learned Special Metropolitan Magistrate (N.I. Act) No. 19, Jpr. Metropolitan wherein he was directed to suffer a sentence of 1 year simple imprisonment and fine of Rs.4,50,000.00 for offence under Sec. 138 of Negotiable Instruments Act. In case of default in payment of fine, the petitioner was directed to further undergo 6 months' simple imprisonment. Aggrieved by the above mentioned decision, Criminal Appeal No. 31/2018 was preferred on behalf of the accused-petitioner and the learned Additional District & Session Judge No. 02, Jpr. Metropolitan was pleased to decide the appeal vide judgment dtd. 22/4/2019 whereby the conviction of the petitioner was maintained. However, the sentence in default of payment of fine was reduced from 6 months simple imprisonment to 3 months simple imprisonment. The sentence and fine, as imposed by the trial court, have been maintained.