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2017 (4) TMI 1016 - HC - Indian LawsSentences awarded under Section 138 Negotiable Instruments Act - release from custody seeked - dispute was primarily between the two same parties - Held that:- Judgment of hon’ble Supreme Court in ‘Shyam Pal vs. Dayawati Besoya & Anr.’ [2017 (4) TMI 955 - SUPREME COURT] is fully applicable to the facts and circumstances of this case. The facts pleaded and proved do unassailably demonstrate that the loans advanced had been in the course of a series of transactions between the same parties on same terms and conditions. There is, thus, an overwhelming identicalness in the features of the three cases permitting the three transactions though undertaken at different points of time, to be deemed as a singular transaction or two segments of one transaction. The petitioner is in custody since 26.02.2016. He has undergone around fourteen months incarceration besides emission. Considering the duration of the appellant’s custody, the nature of offence involved and the nature of transactions between the parties thereto, the petitioner is entitled to the benefit of the discretion contained under Section The substantive sentence of SI for six months each awarded to the petitioner in the three complaint cases referred to hereinabove would run concurrently. Needless to say, the petitioner would have to serve the default sentences, if the fine, as imposed, has not been paid by him. The petition is allowed in the above terms. The petitioner would be entitled to all consequential reliefs with regard to his release from custody as available in law based on this determination.
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