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2021 (5) TMI 55 - HC - Indian LawsDishonor of Cheque - main grounds urged in the petition is that the petitioner inspite of serving the sentence for a period of one year in view of the order passed by this Court, the petitioner has been detained in the jail, which is erroneous, arbitrary and unconstitutional - HELD THAT:- The Apex Court in V.K.Bansal’s case [2013 (8) TMI 488 - SUPREME COURT] discussed with regard to Section 427(1) of Cr.P.C. which stipulates the discretionary power of the Court to direct sentence to run concurrently and also discussed with regard to when it should be exercised. It is further held that no straight jacket approach can be laid down. However, only substantive sentence can be directed to run concurrently and sentence awarded in default of payment of fine/compensation cannot be directed to run concurrently. In the present case, the petitioner has not paid the amount and he has committed a default of payment of fine/compensation amount, the Apex Court held that Section 427 of Cr.P.C. do not permit to issue a direction for the concurrent running of the substantive sentences with sentences awarded in default of payment of fine/compensation and hence, this Court is of the view that the sentences passed by this Court cannot be directed to run as concurrently as the petitioner has been awarded default sentence and hence, there are no error committed by the learned Magistrate or jail authorities in not considering the request of the petitioner herein as contended in the petition. Petition dismissed.
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