Kamal Kumar Mina S/O Laxmi Narain vs State Of Rajasthan
2022 Latest Caselaw 3436 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 4283/2021

Kamal Kumar Mina S/o Laxmi Narain, R/o Chandni Hospital
Road, Hadoti Royal Institute Centre, Rangbari Road, Kota District
Kota Presently R/o House No. 118 B, R.k., Puram Yojna, Kota.
(At Present Confined In Central Jail Kota)
                                                                    ----Petitioner
                                    Versus
1.     State Of Rajasthan, Through P.p.
2.     Rahul Mishra S/o Late Chiman Lal, R/o 762, Main Road,
       Kherli Phatak, Kota (Raj.)
                                                                 ----Respondents

Connected With S.B. Criminal Miscellaneous (Petition) No. 4284/2021 Kamal Kumar Mina S/o Laxmi Narain, R/o Chandni Hospital Road, Hadoti Royal Institute Centre, Rangbari Road, Kota District Kota Presently R/o House No. 118 B, R.k., Puram Yojna, Kota. (At Present Confined In Central Jail Kota)

----Petitioner Versus

1. State Of Rajasthan, Through P.p.

2. Deepchand Chaudhary S/o Jamnalal Ji Choudhary, R/o Shivpura, Near Government School Bhitriya Kund Shivpura, Kota (Raj.)

----Respondents S.B. Criminal Miscellaneous (Petition) No. 4285/2021 Kamal Kumar Mina S/o Laxmi Narain, R/o Chandni Hospital Road, Hadoti Royal Institute Centre, Rangbari Road, Kota District Kota Presently R/o House No. 118 B, R.k., Puram Yojna, Kota. (At Present Confined In Central Jail Kota)

----Petitioner Versus

1. State Of Rajasthan, Through P.p.

2. Hemant Sharma S/o Ramawtar Sharma, R/o Shivpura, Kota (Raj.)

----Respondents

(2 of 6) [CRLMP-4283/2021]

S.B. Criminal Miscellaneous (Petition) No. 4286/2021 Kamal Kumar Mina S/o Laxmi Narain, R/o Chandni Hospital Road, Hadoti Royal Institute Centre, Rangbari Road, Kota District Kota Presently R/o House No. 118 B, R.k., Puram Yojna, Kota. (At Present Confined In Central Jail Kota)

----Petitioner Versus

1. State Of Rajasthan, Through P.p.

2. Smt. Vimlesh Saxena W/o Aachal Kumar, R/o House No. 4 F 19 Mahaveer Nagar Vistar Yojana, Kota (Raj.)

----Respondents S.B. Criminal Miscellaneous (Petition) No. 4287/2021 Kamal Kumar Mina S/o Laxmi Narain, R/o Chandni Hospital Road, Hadoti Royal Institute Centre, Rangbari Road, Kota District Kota Presently R/o House No. 118 B, R.k., Puram Yojna, Kota. (At Present Confined In Central Jail Kota)

----Petitioner Versus

1. State Of Rajasthan, Through P.p.

2. Shalendra Kesvani S/o Vikramdas, R/o 193, Anand Vihar, Bajrang Nagar, Kota (Raj.)

----Respondents

For Petitioner(s) : Mr. Sanjay Mehrish, Adv. For Respondent(s) : Mr. Atul Sharma, PP Mr. Sudarshan Kumar Laddha, Adv.

Mr. Ajay Singh, Adv.

Mr. Mukesh Sharma, Adv.

None in S. B. Criminal Miscellaneous Petition No.4284/2021

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

ORDER RESERVED ON :: 27/04/2022

ORDER PRONOUNCED ON :: 29/04/2022

Since these five Criminal Miscellaneous Petitions arise

out of same offence pertaining for the offence under Section 138

(3 of 6) [CRLMP-4283/2021]

Negotiable Instruments Act, which are being decided by this

common order.

The learned trial Court passed the following orders:-

Sr.No. Case No. and Court               Offence         under Date            Of
                                        Section               judgment       and
                                                              sentence
1.     Special Judicial Magistrate 138                         16.03.2020
       Negotiable Instrument Act
       Cases   No.2 Kota       CIS Negotiable                  2 years Simple
       No.22898/2016               Instruments Act             Imprisonment
                                                               and    to    pay
                                                               compensation of
                                                               Rs. 13,00,000/-
                                                               in   default  to
                                                               further undergo
                                                               3 months Simple
                                                               Imprisonment
2.     Special Judicial Magistrate 138                         15.06.2019
       Negotiable Instrument Act                               1 year Simple
       Cases   No.2 Kota       CIS Negotiable                  Imprisonment
       No.34118/2014         Case Instruments Act              compensation of
       No.791/2016                                             Rs. 11,45,000/-
                                                               in   default to
                                                               further undergo
                                                               3 months Simple
                                                               Imprisonment
3.     Special Judicial Magistrate 138                         15.06.2019
       Negotiable Instrument Act
       Cases   No.2 Kota       CIS Negotiable                  1 year Simple
       No.1326/2017          Case Instruments Act              Imprisonment
       No.791/2016                                             to             pay
                                                               compensation
                                                               Rs. 1,60,000/- in
                                                               default to further

                                                               months     Simple
                                                               Imprisonment
4.     Special Judicial Magistrate 138                         25.01.2018
       Negotiable Instrument Act
       Cases   No.2 Kota       CIS Negotiable                  1 year 6 months
       No.200889/2016 case         Instruments Act             Simple
                                                               Imprisonment
                                                               to             pay
                                                               compensation
                                                               Rs. 7,50,000/- in
                                                               default to further

                                                               months     Simple
                                                               Imprisonment
5      Special Judicial Magistrate 138                         25.01.2019
       Negotiable Instrument Act                               6 Months Simple
       Cases   No.2 Kota       CIS Negotiable                  Imprisonment


                                         (4 of 6)                   [CRLMP-4283/2021]


          No.3774/2016                      Instruments Act        to             pay
                                                                   compensation
                                                                   Rs. 1,00,000/- in
                                                                   default to further

                                                                   months     Simple
                                                                   Imprisonment

Learned counsel for the petitioner submits that the petitioner

has been convicted for the offence under Section 138 Negotiable

Instruments Act in difference 5 cases on different dates. Learned

counsel for the petitioner further submits that the petitioner is a

poor person and has no source of income. The economic condition

of the family of petitioner is not sound. Learned counsel for the

petitioner also submits that as per Section 427 of the Code Of

Criminal Procedure, when a person already undergoing sentence

of imprisonment is sentenced on a subsequent conviction to

imprisonment, the court has power to direct for subsequent

sentence, to run concurrently. So, sentence awarded to the

petitioner be directed to run concurrently.

Learned counsel for the petitioner have placed reliance upon

the following judgments: (1) State Of Punjab Vs. Madan Lal

reported in 2009 R.C.C. (SC) 549; (2) Pankaj Soni Vs. State

Of Rajasthan & Anr. reported in 2010(2) R.C.C. 662; (3)

Mahavir Vs. State Of Rajasthan reported in 2012 (3) WLC

(Raj.) 58 and (4) Ajay @ Harendra Vs. State Of Rajasthan

reported in 2013 (1) WLC (Raj.) 542.

Learned counsel for the respondents have opposed the

arguments advanced by learned counsel for the petitioner and

submitted that sentence awarded to the petitioner cannot be

ordered to run concurrently because these transactions are not

based on a single transaction. Leaned counsel for the respondents

further submitted that conviction awarded in five cases,

(5 of 6) [CRLMP-4283/2021]

complainants are separate. Petitioner had taken amount from

complainants separately. So, conviction of the petitioner cannot be

ordered to run concurrently.

Learned counsel for the respondents have placed reliance

upon the judgment passed by the Hon'ble Supreme Court in V. K.

Bansal Vs. State Of Haryana & Ors. etc.etc. In Criminal

Appeal Nos.836-851/2013 (Arising Out of S.L.P. (Crl) Nos.

10023-10038/2011) decided on 05.07.2013.

I have considered the arguments advanced by learned

counsel for the petitioner, learned counsel for the respondents,

and perused the impugned orders.

Section 427 of Cr.P.C. reads as under:-

"427. Sentence on offender already sentenced for another offence -(1) When a person already undergoing sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence;

Provided that where a person who has been sentenced to imprisonment by an order under section 122 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately.

(2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence."

It is an admitted position that the petitioner has been

convicted in five different complaints. It is also admitted position

(6 of 6) [CRLMP-4283/2021]

that the petitioner had taken money from different persons and

each of them had filed complaint against the petitioner under

Section 138 Negotiable Instruments Act in which petitioner was

convicted on different dates by the Court below. Petitioner had not

filed any appeal or revision against these convictions. It is also

admitted position that sentence awarded to the petitioner does not

arise out of a single transaction. The Apex Court in its

pronouncement in the judgment of V. K. Bansal's case (Supra),

clearly stated that when sentence passed by the Court below in

different complaints which are arises out of single transaction in

which, Court can order to run the sentence concurrently. In my

considered opinion, the present petitioner was convicted in

different transaction on different complaint, so, the present

petitioner is not entitled to get the benefit of Section 427 Cr.P.C.

So, judgments cited by the learned counsel for the petitioner are

not applicable in this case. Therefore, present petitions being

devoid of merits, are liable to be dismissed.

Hence, these Criminal Miscellaneous Petitions are dismissed.

(NARENDRA SINGH DHADDHA),J

Gourav/97-101

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