Mumbai: In a significant ruling on sentencing in cheque dishonour cases, the Bombay High Court has said that jail terms imposed on an accused in multiple cases arising from the same financial transaction
can run concurrently (simultaneously).
Bench Orders Concurrent Sentences
A bench of Justices Ajey Gadkari and RR Bhonsale has directed that the jail term imposed on a 41-year-old businessman in multiple cases arising from the same financial transaction be run concurrently. The court has also directed his immediate release from prison after noting that he had already spent more than two years in custody.
Order Dated December 24
The order passed on December 24, 2025, was made available on January 23.
Petition Before High Court
The HC passed the order while hearing a petition by Hashim Basheer seeking a direction that the sentences imposed on him by the Metropolitan Magistrate, Andheri, in four cheque bounce cases be allowed to run concurrently. He also sought release from custody, stating that he had been in jail since September 27, 2023, and was lodged at Sindhudurg prison.
Cases Linked To Loan
The cases stemmed from complaints filed under Section 138 of the Negotiable Instruments Act, 1881, by members of the same family, following the dishonour of cheques issued by Basheer towards repayment of a loan. According to the petitioner, he had taken a total loan of Rs 27 lakh and issued different cheques to the complainants for its repayment.
Magistrate’s Earlier Sentences
By separate judgments dated January 4, 2019, the magistrate had sentenced Basheer to eight months’ simple imprisonment in each case, along with directions to pay compensation ranging from Rs 4.5 lakh to Rs 15 lakh, with additional imprisonment in default of payment. In another connected case decided on June 4, 2019, he was sentenced to eight months’ imprisonment with compensation of Rs 6.5 lakh.
Same Transaction Noted
The bench noted that all the convictions arose from the same loan transaction, involved different cheques, were filed by members of the same family, and that the sentences were imposed by the same court.
Supreme Court Precedent Cited
Relying on a Supreme Court’s ruling, the bench observed that “the sentences passed against the petitioner deserve to run concurrently”.
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Custody Period Considered
“We have also noted that the petitioner has already undergone imprisonment for more than 26 months. The total period of punishment for all the convictions would be 40 months,” the court said.
Immediate Release Ordered
Allowing the petition, the bench directed that three of the sentences run concurrently and ordered that the petitioner “be released from custody forthwith and set free.”
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