IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 Crl.MC.No. 2634 of 2010() ------------------------- AGAINST THE JUDGEMENT/ORDER IN CRRP.564/2006 ST.2497/1998 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... PETITIONER: ACCUSED ---------------------- CHELLAPPAN, AGED 73 YEARS, S/O.VELUMBAN, KURUMTHODATHU VEEDU, EVOOR SOUTH MURI, KEERIKADU P.O., ALAPPUZHA. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS: STATE/COMPLAINANTS --------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. V.G.JOHN, CHEMBAKASSERIL VEEDU, PADINAYARKULANGARA MURI, KARUNAGAPPALLY. 3. KUTTAPPANACHARY, S/O.MADHAVANACHARY, MADHAVA NIVAS, PUTHIYADAM, KAYAMKULAM VILLAGE, ALAPPUZHA DISTRICT. 4. JITRACHERIYAN, HEBBY VILLA, CHERAVALLY MURI, KAYAMKULAM VILLAGE, ALAPPUZHA. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2634 of 2010 ---------------------------------- Dated this the 13th day of July, 2010 ORDER Petitioner who is the common accused in C.C.No.190/2007 on the file of the Judicial Magistrate of the First Class, Karunagapally, S.T.No.662/1997 on the file of the Judicial Magistrate of the First Class, Kayamkulam and S.T.No.2497/1998 on the file of the Judicial Magistrate of the First Class, Kayamkulam, (all prosecution arising out of 138 of Negotiable Instruments Act, 1881) seeks a direction that the default sentence of three months imposed in each of the cases by this Court in separate revisions may be directed to run concurrently. The petitioner invokes Section 427 read with Section 482 of Code of Criminal Procedure to support the said prayer. The petitioner also relied on the decision in 2009(5) SCC 238 State of Punjab Vs. Madanlal. Crl.M.C.No.2634/2010 : 2 : 2. I am afraid that this is a misconceived petition. Neither Section 427 of Code of Criminal Procedure nor the decision relied on by the petitioner, provides for concurrency with regard to the default sentence. Section 427 of Code of Criminal Procedure contemplates concurrency in the matter of substantive sentence. This Criminal M.C. is accordingly dismissed. V.RAMKUMAR, JUDGE skj