Sureshkumar A.D. vs State of Kerala and Others

V. Ramkumar, J.—Petitioner was the accused in C.C. Nos. 47/2006, 507/2006 and 717/2006 before the J.F.C.M Court, Kayamkulam for an offence punishable u/s 138 of the Negotiable Instruments Act. He was also the accused in S.T. No. 2751/2005 and C.C. No. 297/2008 and S.T. No. 1500/2007 before the J.F.C.M Court, Vaikom for the very same offence. In all these cases the respective Magistrates convicted him for the said offence. Against the conviction in C.C. Nos. 47/2006, 507/2006 and 717/2006 by the J.F.C.M Court, Kayamkulam, the petitioner had filed Crl. Appeals as 12/2008, 11/2008 and 20/2008 respectively before the Additional Sessions Court-I, Mavelikkara. Except for Criminal Appeal No. 12/2008 in which the sentence passed by the trial court was modified by reducing the sentence of imprisonment, the other two appeals were dismissed as not pressed. The conviction and sentence passed in the three cases has become final without there being any appeal. This Criminal M.C. filed u/s 482 Cr.P.C., seeks concurrence of the sentence passed in all the cases by resort to Section 427(1) Cr.P.C.

Admittedly, either when the trial courts passed the sentence during the subsequent occasions or before the appellate court in Crl.A. No. 12/2008, the petitioner did not make any request u/s 427(1) Cr.P.C for concurrence. The prayer for concurrence in the sentence has been made only in this petition filed u/s 482 Cr.P.C. Hence, by virtue of the decision in Sukumaran Vs. State of Kerala and Another, and M.R. Kudva Vs. State of Andhra Pradesh, , this petition u/s 482 Cr.P.C. is not maintainable. Without seeking the benefit when the subsequent sentences were being passed or when the appeals were disposed of, the present petition filed u/s 482 Cr.P.C for concurrence u/s 427(1) Cr.P.C is not maintainable.

This Criminal M.C is accordingly dismissed.