Tuesday, 22 August 2023

Whether the court can impose concurrent sentence on accused in cheque dishonour case if cases arise out of different Transactions?

 We have perused the ratio in the aforesaid judgment and find that only when the conviction arise out of the single transaction, concurrent sentence would be merited. But present are the cases where there were several transactions over a period of time pertaining to supply of raw material to the petitioner for which the cheques tendered towards payment, were dishonoured. Accordingly, we find that the petitioner can have no benefit out of the ratio in V.K. Bansal (supra).

IN THE SUPREME COURT OF INDIA

Petition(s) for Special Leave to Appeal (Crl.) No(s). 6742/2023; 

K. PADAMAJA RANI Vs THE STATE OF TELANGANA & ANR.

Author: HRISHIKESH ROY; J., PANKAJ MITHAL; J.

Dated: 28-07-2023

Heard Mr. Anand Padmanabhan R., the learned counsel appearing for the

petitioner.

The counsel submits that the grievance of the petitioner is not in reference to her

conviction but on account of consecutive sentence ordered for the four cases against her,

under the Negotiable Instruments Act, 1881. The counsel places reliance on V.K. Bansal

v. State of Haryana & Anr. reported in (2013) 7 SCC 211 to point out that for a single

transaction, the Court should have ordered for concurrent running of sentence instead of

consecutive sentence, as has happened in this case.

We have perused the ratio in the aforesaid judgment and find that only when the

conviction arise out of the single transaction, concurrent sentence would be merited. But

present are the cases where there were several transactions over a period of time

pertaining to supply of raw material to the petitioner for which the cheques tendered

towards payment, were dishonoured. Accordingly, we find that the petitioner can have no

benefit out of the ratio in V.K. Bansal (supra).

The Special Leave Petitions accordingly stand dismissed.

Pending application(s), if any, shall stand closed.


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