KAMAL KUMAR MINA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since these five Criminal Miscellaneous Petitions arise out of same offence pertaining for the offence under Sec. 138 Negotiable Instruments Act, which are being decided by this common order.

(2.) The learned trial Court passed the following orders:- Sr.No. Case No. and Court Offence under Sec. Date Of judgment and sentence

(3.) Learned counsel for the petitioner submits that the petitioner has been convicted for the offence under Sec. 138 Negotiable Instruments Act in difference 5 cases on different dates. Learned counsel for the petitioner further submits that the petitioner is a poor person and has no source of income. The economic condition of the family of petitioner is not sound. Learned counsel for the petitioner also submits that as per Sec. 427 of the Code Of Criminal Procedure, when a person already undergoing sentence of imprisonment is sentenced on a subsequent conviction to imprisonment, the court has power to direct for subsequent sentence, to run concurrently. So, sentence awarded to the petitioner be directed to run concurrently.