Petitioner convicted under Section 138 NI Act in two cases sought concurrent sentences under Section 427 Cr.P.C. Court held Section 427 applies to imprisonment terms, not just life imprisonment, and directed substantive sentences to run concurrently.
Substantive sentences of imprisonment in both cases directed to run concurrently.
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[2024:RJ-JP:23598]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1627/2024
Lalit Sharma S/o Deepchand Sharma, Aged About 40 Years, R/o H.no. 534/26, Pathar Wali Gali, Ramganj, Ajmer. (At Present Confined In Central Jail, Ajmer).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Aayush Agarwal For Respondent(s) : Mr. Mahendra Meena, PP Mr. Amit Dadhich
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
17/05/2024
| S.No | Case No. | Date of Decision | Sentence |
|---|---|---|---|
| 1. | 2106/17 (1447/15) |
23.04.2019 passed by learned Special Judicial Magistrate, (N.I. Act Cases) No.2, Ajmer |
Six Months S.I. and fine of Rs.1,50,000/-, in default of payment of fine, 15 days additional imprisonment |
(2 of 3)
[2024:RJ-JP:23598]
[CRLMP-1627/2024]
| 2. | 1293/15 | 05.08.2019 passed by | Six | Months S.I. and fine |
|---|---|---|---|---|
| (851/13) | learned Special Judicial | of | Rs.2,00,000/-, in | |
| Magistrate, (N.I. Act | defa | ult payment of fine, | ||
| Cases) No.3, Ajmer | 15 imp |
days additional risonment |
“427. Sentence on offender already sentenced for another offence.
(1) When a person already undergoing a 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 imprison- ment 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 con- currently with such previous sentence.”
[2024:RJ-JP:23598]
[CRLMP-1627/2024]
(3 of 3)
concurrently and the fine as well as sentences in default of fine would go as per the direction of the trial Judge. Section 427 Cr.P.C. does not cover the area of fine and default in payment of fine.
(ANIL KUMAR UPMAN),J
GAUTAM JAIN /333
1 issue framed by the court
Whether Section 427 Cr.P.C. applies only to life imprisonment or also to substantive sentences of imprisonment for fixed terms.
Colour shows how this judgement treated each authority
Rajendra Vs. State of RajasthanReferred¶23
S.B. Criminal Misc. (Petition) No.2883/2014, Rajendra Vs. State of Rajasthan decided on 17.02.2017
2 provisions across 2 enactments
Lalit Sharma
State of Rajasthan
Abhay Verma
Sunil Kumar Rajoriya
Anil Kumar Upman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
