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2013 DIGILAW 1045 (RAJ)

Bhag Chand Soni v. State

2013-05-20

KANWALJIT SINGH AHLUWALIA

body2013
JUDGMENT 1. - Present petition has been filed under section 482 Cr.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 Cr.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 Hon'ble Apex Court in the case of M.R. Kudva v. State of Andra Pradesh, AIR 2007 568 wherein it has been held that power under section 427 Cr.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 Cr.P.C. cannot order sentences to run concurrently. 4. At this juncture, counsel for the petitioner submitted that he may be permitted to approach State Government the under section 432 Cr.P.C. or to file a petition under Article 161 of Constitution of India before His Excellency, the Governor of Rajasthan so that misery of the petitioner can be mitigated. There is some merit in the alternative submission advanced by the counsel for the petitioner. Hence the present petition is disposed of with an observation that in case the petitioner files representation before the appropriate authority within three weeks from receipt of copy of order, the concerned authority shall take conscious decision thereupon within one month.Petition disposed of. *******