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Ranjeeta Mehra Versus State (NCT Of Delhi) & Anr.

2018 (1) TMI 495 - DELHI HIGH COURT

Bounced cheques - loan agreement - whether the sentence awarded should run concurrently or not? - Held that: - If different cheques issued by the petitioner to the respondent no.2, which were subsequently dishonoured on presentation, arose out of a single loan transaction, then it could have been justified to direct for concurrent running of the sentences in relation to dishonour of cheques relevant to each such transactions - both the loan agreements executed between the parties are not arising .....

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, APP for the State/respondent no. 1 with Mr. Manish Lamba, Advocate for respondent no.2. 1. The present Revision petition is filed by the petitioner under Section 397 and 401 read with Section 482 of The Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C. ) for setting aside the impugned judgment dated 17.10.2016 passed by District & Session Judge (West), Delhi in Criminal Appeal No. 54451/2016 & 54450/2016 and impugned judgments dated 06.05.2016 and order on sentence date .....

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ues, out of which four cheques were dishonoured when presented in the concerned bank for encashment. The complainant filed two separate complaints under Section 138 NI Act and sent a legal notice dated 21.09.2011 for repayment of the loan amount to the petitioner. On the said complaint, the order dated 06.05.2016 was passed by the learned MM, whereby held her guilty for the offence under Section 138 NI Act for both the complaints and sentenced her to undergo : simple imprisonment of three months .....

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ince the transaction was between the same parties, though there were two loan agreements, the sentences should have been directed to run concurrently. It was suggested by the counsel for the petitioner that the legal position favours the exercise of discretion for the benefit of an accused in cases where prosecution is based on a single transaction even if different complaints thereof may have been filed for dishonour of different cheques. The transactions forming the basis of prosecution relate .....

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idered and records perused. 6. After perusal of the facts and circumstances of the case, the main issue which require adjudication in the present case is whether the sentence awarded by the Trial Court should concurrently or consecutively. In V.K.Bansal vs State Of Haryana & Ors. reported in (2013) 7 SCC 211, it was observed by the Apex Court that: 7. Applying the principle of single transaction referred to above to the above fact situations we are of the view that each one of the loan trans .....

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such transaction. In Shyam Pal v. Dayawati Besoya reported in (2016) 10 SCC 761, it was held that: the Court has the power and discretion to issue a direction that a subsequent sentence shall run concurrently with the previous sentences, the very nature of the power so conferred, predicates that the discretion, would have to be exercised along judicial lines or not in a mechanical or pedantic manner. It was underlined that there is no cut and dried formula for the Court to follow, in the exercis .....

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