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In which of the following, the Hon'ble Supreme Court held that in a case arising from Negotiable Instruments Act, successive sentences may be directed to run concurrently if both transactions are part of single transaction?
Correct Answer: D — (2016) 10 SCC 761, Shyam Pal Vs. Dayawati Besoya & Ors.
Explanation:
The correct answer is (2016) 10 SCC 761, Shyam Pal Vs. Dayawati Besoya & Ors.
The Supreme Court in Shyam Pal vs. Dayawati Besoya, (2016) 10 SCC 761 held that in a case arising from Negotiable Instruments Act, successive sentences may be directed to run concurrently if both transactions are part of single transaction.
The Court reiterated that courts can exercise discretion under Section 427 of the Criminal Procedure Code, 1973 to the benefit of prisoners in cases where the prosecution is based on a single transaction, even if different complaints in relation thereto might have been filed.
As per Section 427 CrPC, when a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence.