In which of the following, the Hon’ble Supreme Court held that in a case arising from Negotiable…
In Shyam Pal v. Dayawati Besoya (2016) 10 SCC 761 the Supreme Court held that, under section 427 of the CrPC, sentences in separate prosecutions under section 138 of the…
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Answer and explanation
Correct answer D
In Shyam Pal v. Dayawati Besoya (2016) 10 SCC 761 the Supreme Court held that, under section 427 of the CrPC, sentences in separate prosecutions under section 138 of the Negotiable Instruments Act, 1881 may be directed to run concurrently where the cheques arise from a single transaction. Concurrency is a matter of the court's discretion, and it does not extend to default imprisonment for non-payment of fine or compensation.
Damodar S. Prabhu laid down compounding guidelines, and the other cases did not decide this point.
Current law: BNSS section 467 is the corresponding consecutive/concurrent sentence provision for new proceedings; its availability remains subject to judicial discretion and the savings for pending proceedings.
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