Biswanath Aggarwal vs The State & Anr.
2015 Latest Caselaw 4554 Del

I-7
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                              Date of Decision: 30th June, 2015
+     CRL.M.C. 1091/2015
      BISWANATH AGGARWAL                    ..... Petitioner
                  Through: Mr. M.L. Yadav, Advocate


                        Versus


      THE STATE & ANR.                                  ..... Respondent
                    Through:         Ms. Nishi Jain, Additional Public
                                     Prosecutor for respondent-State


      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                        JUDGMENT

% (ORAL)

In this petition through Jail, petitioner seeks concurrence of sentence of simple imprisonment of three months and compensation of `4,50,000/- with default clause of one month in CC No. 685/12 under Section 138 of The Negotiable Instruments Act, 1881, with sentence of simple imprisonment of four months with compensation of `12,50,000/- with default clause of simple imprisonment of two months in CC No. 684/12 under Section 138 of The Negotiable Instruments Act, 1881.

At the hearing, learned counsel for petitioner submitted that by now petitioner has already undergone sentence of 6½ months and his wife is a house wife and his daughter is a student, who have no means to

Crl.M.C.No.1091/2015 Page 1 survive and so, sentence awarded to petitioner be made concurrent.

Upon hearing and on perusal of the Nominal Rolls of petitioner, I find that the conduct of petitioner in jail has been satisfactory and he is not involved in any other criminal case. Petitioner had taken loan for purchase of a truck and had defaulted in payment of installments. The reason why petitioner had defaulted in paying the installments is not forthcoming, therefore, this Court is not inclined to invoke its extra ordinary inherent jurisdiction under Section 482 of the Cr.P.C. to make the sentences awarded to petitioner in these two cases under Section 138 of The Negotiable Instruments Act, 1881 concurrent.

Consequently, this petition is dismissed.

Petitioner be apprised of this Judgment through the concerned Jail Superintendent.

                                                       (SUNIL GAUR)
                                                         JUDGE

JUNE 30, 2015
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Crl.M.C.No.1091/2015                                                 Page 2