KISHORILAL DHANIRAM AGGARWAL v. R (1968) HCD 331

KISHORILAL DHANIRAM AGGARWAL v. R (1968) HCD 331

Held: 

(1)...(N/A)

(2) As accused was represented by counsel both at the trial and on appeal, and as the matter of the error in the charge was not raised at the trial an the appeal is against sentence only, the complaint against the conviction cannot be entertained, but the error may be considered in assessing sentence. 

(3) The trial magistrate acted properly in ordering that the sentences on the counts referring to each single day run concurrently with each other the issuance of several cheques on the same day could be considered to be one transaction because the offences were of the same nature. It was also proper to order that counts referring to each successive day run the offences on separate days constituted separate transaction. 

(4) The total sentence should be reduced, “not necessarily on the grounds of … ill health,” but because the maximum sentence for obtaining credit by false pretences is one year, whereas the maximum sentence for. Obtaining goods by false pretences is three years. This does not constitute interference with the conviction itself. Sentences reduced to a total of three years imprisonment, the maximum that would have been permissible if accused had been convicted under section 305, and if the counts referring to a single day are to run concurrently.