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Interim Order 2

CNR DLCT01002303202610 Feb 2026
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Interim Order 2 · 10 Feb 2026 · CNR DLCT010023032026

Order Details: COPY OF ORDER
Pdf Text: Vijay Aggarwal v. Smt. Sudha
CNR No.: DLCT01-002303-2026
Crl. Appeal No.55/2026
10.02.2026
Present : Ms. Nisha Satyarthy, Ld. Counsel for the appellant.
The appellant is present.
The present appeal has been preferred against
judgment dated 29.10.2025 of Ld. JMFC (NI Ac)-07, convicting
the appellant for the offence under Section 138 NI Act and the
consequent order of sentence dated 12.01.2026, sentencing the
appellant in the manner specified therein.
It is submitted by Ld. Counsel for the appellant that
the present appeal has been filed within the statutory prescribed
period of limitation. Ld. Counsel has further submitted that she
desires to move an application under Sec. 148 NI Act for waiver
of deposit of 20% of the fine amount.
Ld. Counsel for the appellant has briefed this Court
facts of the present case and grounds of filing the present appeal.
Arguments heard. Record perused.
Upon the aforesaid application being filed, issue
notice of the appeal and applications to the respondent on PF,
through registered post, approved courier, Whatsapp and e-mail,
including
dasti mode, for the next date of hearing.
Further, for the reasons stated under the appellant’s
application under Section 389 Cr.P.C./Section 430 BNSS,
submissions made by the Ld. Counsel for the appellant and the
grounds under the present appeal, demonstrating a
prima facie
case, the operation of impugned order of sentence is suspended
till the next date of hearing, on the appellant furnishing personal
bond in the sum of Rs. 20,000/- along with one surety in the like
Contd..2/-
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..2..
amount to the satisfaction of the Ld. Trial Court/Ld. JMFC/Ld.
Duty JMFC within a period of seven days from today. Needless
to mentioned that the appellant is already on bail in the present
case and the proceedings are likely to take some time. (Reference
is made to the decisions in;
Aasif v. State of U.P., 2025 SCC
Online SC 1644; and
Bhagwan Rama Shinde Gosai v. State of
Gujarat, (1999) 4 SCC 421)
In the interest of justice, list for further proceedings
on 02.05.2026.
A copy of this order be given
dasti to Ld Counsel
for the appellant.
A copy of this order be also sent to the Ld. Trial
Court for information purposes.
TCR be requisitioned two days, prior to the next
date of hearing.
Abhishek Goyal
ASJ-03, Central District,
Tis Hazari Courts, Delhi
10.02.2026
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