1. This petition is filed by the petitioner-accused under Section 482 of Cr.P.C. for directing the Trial Court to pass an order to run the sentences concurrently in respect of C.C.No.669/2010, C.C.No.372/2011 and C.C.No.6/2011 and to give set-off for the imprisonment already undergone by the petitioner.

2. Heard the arguments of learned counsel for the petitioner. Respondent Nos.1 and 2 served unrepresented.

3. The case of the petitioner is that the petitioner was the accused who faced the trial in C.C.No.6/2011 and has been convicted and sentenced to pay fine of Rs.1,15,500/- for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 (for short 'N.I. Act') and in default of payment of fine, he shall undergo imprisonment for one year vide judgment dated 19.04.2019.

4. Learned counsel for the petitioner has contended that on the same day i.e., on 19.04.2019, in another case in C.C.No.372/2011, the petitioner has been convicted by the JMFC, Soraba for the offence punishable under Section 138 of N.I. Act for imprisonment for 1 year as default sentence apart from the fine amount of Rs.1,46,000/-. But the trial Court while passing the judgment has not stated anything about the sentence to be served either concurrently or consequently, therefore, it has to be run concurrently.

5. The learned counsel also submits that in another case in C.C.No.669/2010, the same accused has been convicted and sentenced to pay fine of Rs.3,02,000/- and in default, he shall undergo imprisonment for six months vide judgment dated 22.04.2022 passed by the JMFC, Shikaripura.

6. Considering the judgment passed by the JMFC Soraba in C.C.Nos.6/2011 and 372/2011 where the judgment has been delivered on the same day by the same Court for one year imprisonment by way of default of payment of fine. It is also stated by the Magistrate that the compensation shall be recovered in accordance with the law. Now, the petitioner is said to be in jail in view of the above said three judgments. The petitioner said to be in jail for five months in C.C.No.6/2011 and later, from 23.03.2022, he is in custody. Therefore, prayed for an order to run the sentence concurrently and to give set off.

7. It is seen from the records that this petitioner was convicted and sentenced to undergo one year imprisonment in default of payment of fine. Admittedly, the petitioner has not deposited the fine amount. Therefore, he shall undergo imprisonment for one year in both cases in C.C.Nos.6/2011 and 372/2011 and as per Section 427 of Cr.P.C., the sentence in both these cases shall be ordered to run concurrently and the trial Court ought to have pass an order for running the sentences concurrently where the judgments are delivered by the same judge on the same day. Therefore, the petitioner is entitled for the relief under Section 427 of Cr.P.C. and if he has already undergone one year punishment in these two cases, he shall ordered to set at liberty forthwith.

8. As regards to the prayer for punishment and sentences in respect of C.C.No.669/2010 delivered by the other Court at JMFC ,Shikaripura on 22.04.2022, he has sentenced to undergo six months in default clause. Therefore, the said order cannot be clubbed with the other two cases where he has been sentenced to undergo imprisonment. Therefore, from the date on which he has been sent to imprisonment in C.C.No.669/2010, he has to undergo six months imprisonment. This case cannot be clubbed and ordered to run concurrently along with other two cases, wherein, the complainant is some other person in this case. Therefore, it is observed that if he is in custody for six months in this case, the same shall be ordered to run after completion of the sentences passed in the other two cases as per Section 427(1) of Cr.P.C.

9. Accordingly, I proceed to pass following order:

The petition is allowed in-part.

The order of the sentence passed in JMFC Soraba for the imprisonment and default clauses in C.C.No.6/2011 and C.C.No.372/2011, both the sentences ordered to be run concurrently.

However, the sentence passed by the JMFC Shikaripura in C.C.No.669/2010 for six months shall ordered to run only after completion of the sentence of imprisonment undergone in C.C.Nos.6/2011 and 372/2011.

If the petitioner has already undergone the imprisonment, then, he shall be given set off under Section 428 of Cr.P.C.