AZIZ AHMED KHAN, S/O SHRI DULAM KHAN, R/O 744, BEHIND IOC OIL DEPOT, CHHAH KUEN KI DHANI SOLAMPUR AJMER. (ACCUSED IN CENTRAL JAIL, AJMER) Vs. STATE OF RAJASTHAN, THROUGH PUBLIC PROSECUTOR

JUDGEMENT

(1.) Vide this order above mentioned two petitions would be disposed of.

(2.) Petitioner had faced trial in two complaints under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'Act') with regard to dishounour of cheques dated 30.7.2007 and 20.7.2007. Petitioner had faced trial under Section 138 of the Act in Criminal Complaint No. 271/2009 with regard to dishonour of cheque dated 20.7.2007 in the sum of Rs. 10,000/-. Petitioner had also faced trial in Criminal Complaint No. 272/2009 with regard to dishonour of cheque dated 30.7.2007 in the sum of Rs. 10,000/-. Petitioner has been convicted and sentenced by the courts below in both the complaints under Section 138 of the Act. Hence, the present two above mentioned petitions have been filed by the petitioner.

(3.) During the course of arguments learned counsel for the petitioner has not challenged the conviction and sentence of the petitioner under Section 138 of the Act as awarded by the courts below. Learned counsel has submitted that the sentence qua imprisonment in both the complaints be ordered to run concurrently. Learned counsel for the petitioner has submitted that both the complaints have arisen out of the same transaction. In support of his arguments learned counsel has placed reliance on the decision of the Hon'ble Supreme Court in Shyam Pal v. Dayawati Besoya & Anr. Criminal Appeal Nos. 988-989 of 2016 (Arising Out Of S.L.P. (Crl.) Nos.6226-27 of 2016) decided on 28.10.2016 , wherein it was held as under:-