Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentence/Sentencing - Concurrence of sentence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Sentence/Sentencing - Concurrence of sentence - Two complaints u/s. J 38 of Negotiable instruments Act - Against appellant-accused in respect of two transactions - Conviction under both the cases - Sentence of simple imprisonment for JO months and fine of Rs. 6,50, 0001- as compensation - Default sentence ll'as six months imprisonment - Appellate court upheld the conviction and sentence - In Revision High Court upheld the order of conviction and sentence - However. reduced the default sentence from 6 months to 3 months - Plea of the accused that the sentences D should have run concurrently rejected by High Court - On appeal, held: s . ./27 Cr.P. C. provides for concurrent sentence - in the present case, both !he cases in respect of two transactions though undertaken at different points of time, should be deemed as a singular transaction - Therefore, in the facts of the case, the accused is entitled to benefit uA . ./27 O:P.C. - Sentences of JO months simple imprisonment in !he 111•0 complaint cases would run concurrently - Code of Criminal Procedure, 197 3 - s../27 - Negotiable instruments Act, J88J - s.J38. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2016 INSC 1001 |
Petitioner | Shyam Pal |
Respondent | Dayawatl Besoya & Anr. |
SCR | [2016] 8 S.C.R. 419 |
Judgement Date | 2016-10-28 |
Case Number | 988-989 |
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