In Brief
The appellant was convicted of cheque dishonour under Section 138 of the Negotiable Instruments Act in two separate cases arising from successive loans of Rs. 5 lacs each issued to him by the same lender, against which he issued dishonoured cheques. Both cases were awarded identical sentences of 10 months imprisonment plus fine. The Supreme Court held that where two convictions arise from a single transaction or series thereof between the same parties, the discretion under Section 427 CrPC should be exercised to direct substantive sentences to run concurrently, subject to consecutive running of default sentences if fine remains unpaid.
The lawyer headnote and full judgment text are available to registered users.