[Cites 5, Cited by 0]
Rajasthan High Court - Jodhpur
Chote Kha Alias Khotu Kha vs State Of Rajasthan (2026:Rj-Jd:14178) on 25 March, 2026
[2026:RJ-JD:14178]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2293/2026
Chote Kha Alias Khotu Kha S/o Chand Kha Mewati, Aged About
55 Years, R/o Dhavdimata Road, Lasadia Square, P.s.
Dhariyawad, District Pratapgarh (At Present Lodged In Central-
Jail, Pratapgarh)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor.
----Respondent
For Petitioner(s) : Ms. Shruti Rathi for
Mr. Anuj Sahlot
For Respondent(s) : Mr. Vikram Rajpurohit, PP
HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU
Order
25/03/2026
By way of filing the present criminal misc. petition under
Section 528 of BNSS, the petitioner has prayed for the following
relief:-
"a) It is, therefore, respectfully prayed that this
misc. petition may kindly be allowed and the
judgments of conviction and sentence passed against
the present petitioner may kindly be directed to run
concurrently.
b) Any other appropriate order which this Hon'ble
Court deem just and proper may kindly be passed in
favour of the petitioner"
Briefly stated, the facts necessary for disposal of the present
criminal misc. petition are that the petitioner was tried, convicted
and sentenced by different trial courts for the offences punishable
under Section 138 of the N.I. Act, details whereof is being given
here under:
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[2026:RJ-JD:14178] (2 of 5) [CRLMP-2293/2026]
Sr. Case No. Court Date of Sentence Appeal
No Decision Fine/Compensati
. on
1. 598/2021 ACJM 20.09.2023 03 months NIL
Dhariyawa Simple
d, Imprisonment
Pratapgar and Rs.
h 60,000 Fine
2. 787/2021 ACJM 28.11.2023 01 Year NIL
Dhariyawa Simple
d, Imprisonment
Pratapgar and Rs.
h 7,50,000 Fine
3. 435/2017 ACJM 10.08.2023 01 Year Appeal
Dhariyawa Simple (53/2023)
dismissed and
d, Imprisonment order
Pratapgar and Rs. confirmed vide
h 4,00,000 Fine dated
13.09.2023
4. 362/2018 ACJM 07.08.2023 02 Years Appeal
Dhariyawa Simple (55/2023)
dismissed and
d, Imprisonment order
Pratapgar and Rs. confirmed vide
h 2,20,000 Fine dated
13.09.2023
5. 19/2019 ACJM 07.08.2023 02 Years Appeal
Dhariyawa Simple (56/2023)
dismissed and
d, Imprisonment order
Pratapgar and Rs. confirmed vide
h 4,50,000 Fine dated
13.09.2023
6. 598/2021 ACJM 20.09.2023 01 Year Simple Appeal
Dhariyawa Imprisonment (28/2024)
dismissed and
d, and Rs. order
Pratapgar 5,50,000 Fine confirmed vide
h dated
18.01.2025
7. 218/2019 ACJM 20.09.2023 01 Year Simple Appeal
Dhariyawa Imprisonment (31/2024)
dismissed and
d, and Rs. order
Pratapgar 7,00,000 Fine confirmed vide
h dated
17.01.2025
8. 598/2021 ACJM 20.09.2023 01 Year Simple Appeal
Dhariyawa Imprisonment (30/2024)
dismissed and
d, and Rs. order
Pratapgar 2,80,000 Fine confirmed vide
h dated
18.01.2025
9. 219/2016 ACJM 20.09.2023 01 Year Simple Appeal
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[2026:RJ-JD:14178] (3 of 5) [CRLMP-2293/2026]
Dhariyawa Imprisonment (24/2024)
d, and Rs. dismissed and
order
Pratapgar 7,00,000 Fine confirmed vide
h dated
17.01.2025
10 222/2019 ACJM 14.08.2023 01 Year Simple Appeal
. Dhariyawa Imprisonment (29/2024)
dismissed and
d, and Rs. order
Pratapgar 7,50,000 Fine confirmed vide
h dated
18.01.2025
11 248/2019 ACJM 06.09.2023 01 Year Simple Appeal
Dhariyawa Imprisonment (27/2024)
dismissed and
d, and Rs. order
Pratapgar 7,00,000 Fine confirmed vide
h dated
18.01.2025
12 478/2022 ACJM 28.11.2023 01 Year Simple Appeal
Dhariyawa Imprisonment (25/2024)
dismissed and
d, and Rs. order
Pratapgar 10,50,000 Fine confirmed vide
h dated
17.01.2025
13 367/2022 ACJM 28.11.2023 01 Year Simple Appeal
Dhariyawa Imprisonment (26/2024)
dismissed and
d, and Rs. order
Pratapgar 10,50,000 Fine confirmed vide
h dated
17.01.2025
Learned counsel for the parties fairly conceded that the
present case is squarely covered by a decision rendered in the
case of S.B. Criminal Misc. Petition No.2883/2014 (Rajendra
Kabra vs. State of Rajasthan) decided on 17.02.2017
wherein, a coordinate Bench of this Court was pleased to hold as
under:
"Having considered the facts and circumstances of the
present case, offence involved, sentences awarded, period of
detention of the petitioner as on date and the law laid down
by the Hon'ble Supreme Court in State of Punjab vs.
MadanLal, V.K.Bansal vs. State of Haryana & Ors.,
Shyam Palvs. Dayawati Besoya & Anr. and Ammavasai
& Anr. vs. Inspector of Police & Ors. (supra), I am of the
considered view that it would not be inconsistent with the
administration of criminal justice if the petitioner is allowed
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[2026:RJ-JD:14178] (4 of 5) [CRLMP-2293/2026]
the benefit of discretion contained in section 427 of the Code
to meet the ends of justice. However, as per the law laid
down by the Hon'ble Supreme Court in V.K. Bansal vs. State
of Haryana & Ors. and Shyam Pal vs. Dayawati Besoya & Anr.
(supra), the direction for concurrent running of sentences
would be limited only to the substantive sentences alone.
In such circumstances, the present misc. petition is
allowed and it is ordered that the substantive sentences
awarded to the petitioner in the above referred 32 cases
would run concurrently, however, the petitioner will have to
serve default sentences as the provisions of section 427 of
the CrPC do not permit a direction for concurrent running of
substantive sentences with the sentences awarded in default
of payment of fine/compensation. The sentences, which the
petitioner has been directed to undergo in default of
payment of fine/compensation shall not be effected by this
direction and if the petitioner has not paid the
fine/compensation as directed by the trial courts, the said
sentences would run consecutively. Needless to say, if the
petitioner pays the fine/compensation now, he is not
required to undergo default sentences(sentences awarded by
the trial courts in default of payment of fine/compensation)."
Having considered the joint submission made by the parties
at bar, this Court is of the opinion that since all the cases against
the petitioner pertain to offence under Section 138 of the
Negotiable Instruments Act, therefore, the aforesaid precedent
law is applicant in the present case.
The present criminal misc. petition is accordingly allowed, in
terms of the above mentioned judgment passed in the Rajendra
Kabra (Supra).
Accordingly, all the substantive sentences awarded to the
petitioner-Chotu Kha @ Chotu Kha S/o Chand Kha Mewati
(Criminal Cases Nos.598/2021, 787/2021, 435/2017, 362/2018,
19/2019, 598/2021, 218/2019, 598/2021, 219/2019, 222/2019,
248/2019, 478/2022 and 367/2022 respectively, are ordered to
run concurrently.
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However, the sentences of fine and the sentences in default
of payment of fine/compensation imposed upon the petitioner
shall not be affected. If the petitioner has not paid the
fine/compensation as directed by the learned trial Court, the said
sentences would run consecutively. Needless to say, if the
petitioner pays the fine/compensation now, he is not required to
undergo the default sentences (sentences awarded by the learned
trial Court in default of payment of fine/compensation).
All pending applications are accordingly disposed of.
(BALJINDER SINGH SANDHU),J
121-deep/-
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