LAWS(RAJ)-2019-12-85

RAJKUMAR DAULATANI Vs. STATE OF RAJASTHAN

Decided On December 16, 2019
Rajkumar Daulatani Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This criminal misc. petition has been filed seeking a direction that the sentences awarded to the petitioner in 44 cases, wherein, he has been convicted under Section 138 Negotiable Instruments Act, 1881 as mentioned in para 2 of the criminal misc. petition, be directed to run concurrently.

(2.) It is contended by learned Counsel for the petitioner that the petitioner, who was a businessman and was carrying out the business of crockery, suffered huge losses and came to be convicted in 44 cases under Section 138 of the NI Act. He has been sentenced to undergo different period of sentences and the period of total substantive sentences comes to 83.5 years. It is further contended that Section 427 of the Code of Criminal Procedure Act, 1973 gives a discretion to this Court to issue direction to run all the substantive sentences concurrently.

(3.) Relying upon the judgment of Co-ordinate Bench of this Court in Rajendra Kabra Vs. State of Rajasthan, 2017 (2) Cr.L.R. (Raj.) 561, learned Counsel states that the petition be allowed and the necessary direction be issued.