BHAG CHAND SONI Vs. STATE

JUDGEMENT

(1.) - Present petition has been filed under section 482 Crimial P.C. praying that the sentences awarded in Cr. Case No. 204/2008 (609/2008) by the ACJM, Kishangarh, Ajmer vide order dated 28.20.2010 and in Criminal Case No. 307/2006 passed by the ACJM, Kishangarh, Ajmer vide order dated 8.9.2010 should be ordered to be run concurrently.

(2.) Counsel for the petitioner has submitted that petitioner issued various cheques but due to precarious financial condition of the petitioner cheques issued had bounced due to insufficiency of funds. Resultantly, he was prosecuted by filing numerous complaints, out of all complaints, in few of them, petitioner has been convicted and sentenced.

(3.) In the present petition, petitioner has stated that in two cases sentence of six months and two months respectively has been awarded and since the trial court has not ordered under section 427 Crimial P.C. that sentence should run concurrently, petitioner is languishing behind the bars due to the consecutive operation of sentence awarded upon petitioner. The attention of learned counsel for the petitioner has been drawn to the judgment of the Honourable Apex Court in the case of M.R. Kudva Vs. State of Andra Pradesh, AIR 2007 568 wherein it has been held that power under section 427 Crimial P.C. can only be exercised by the appellate court or the revisional court. It was specifically held that the said judgment that High Court while exercising power under section 482 Crimial P.C. cannot order sentences to run concurrently.