Pramodbhai Vinubhai Patel vs State Of Gujarat
2023 Latest Caselaw 8788 Guj

Gujarat High Court

Pramodbhai Vinubhai Patel vs State Of Gujarat on 19 December, 2023

Author: Ilesh J. Vora

Bench: Ilesh J. Vora

                                                                                NEUTRAL CITATION




     R/SCR.A/2898/2022                            ORDER DATED: 19/12/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 2898 of 2022

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                         PRAMODBHAI VINUBHAI PATEL
                                   Versus
                             STATE OF GUJARAT
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
for the Respondent(s) No. 2
KSHITIJ M AMIN(7572) for the Respondent(s) No. 1
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                              Date : 19/12/2023

                               ORAL ORDER

1. The applicant-convict prisoner-Pramod Patel was convicted and sentenced for the offence punishable under Section-138 of the Negotiable Instruments Act, 1881. He was tried by the concerned Court for the different four offences and was sentenced to suffer 1 year imprisonment in each case. In these background facts, through Jail Authority, he made a representation that, the convictions passed in independent four cases may be directed to run concurrently.

2. Having considered the facts and contentions raised in the jail application dated 28.02.2022 and on perusal of the judgment of conviction passed in different cases, this Court is of considered opinion that, by different persons and on different dates and on different cause of action, four cases of dishonour of cheque were instituted and accordingly trial Court

NEUTRAL CITATION

R/SCR.A/2898/2022 ORDER DATED: 19/12/2023

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had passed an order of conviction and he was sentenced accordingly. Before the Appellate Court, the applicant-accused moved an application that, since last two years he was in jail and sentence of one year in each case may be converted to run concurrently. The Sessions Court concerned did not accepted the application and by reasoned order, the application came to be rejected. On perusal of the impugned order passed by the Sessions Court in Criminal Appeal No.94 of 2021, this Court is of considered view that, this is not a fit case to entertain the jail application as he had issued four cheques to different individuals on different dates and thus, it cannot be said that the cheques were issued in the same transaction and on same cause of action.

3. Thus, for the reasons recorded, no case is made out to exercise extraordinary jurisdiction of this Court. Resultantly, the present application stands dismissed.

(ILESH J. VORA,J) TAUSIF SAIYED