Full Order Text
Order 2 · 11 Mar 2026 · CNR DLCT010038342026
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: Yatinder Nirvik v. Annapurna Soni CNR No.: DLCT01-003834-2026 Crl. Appeal No. 87/2026 11.03.2026 Present : Mr. Mohd. Mohid, Ld. Counsel for the appellant. The appellant is present. The present appeal has been preferred against judgment dated 07.01.2026 passed by Ld. JMFC (NI Act)-08, Central, Tis Hazari, Delhi, convicting the appellant for the offence under Section 138 NI Act and the subsequent order of sentence dated 16.01.2026 of the Ld. Trial Court awarding the appellant simple imprisonment for a period of four months along with fine of Rs. 28,75,000/- (Rupees Twenty Eight Lacs Seventy Five Thousand only) to be paid as compensation to the complainant /respondent by the appellant, failing which it was directed that the appellant would undergo further simple imprisonment for a period of four months. Ld. Counsel for the appellant has briefly apprised this Court of the facts of the case and grounds of challenge. Ld. Counsel has further submitted that the present appeal has been preferred within the statutory period of limitation, and that he would file necessary documents in this regard. Let the same be done, as prayed for. Arguments heard. Record perused. Issue notice of the appeal and the applications, including the application for waiver of the 20% of fine amount, 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, Contd..2/- -- 1 of 2 -- ..2.. 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’s furnishing a personal bond in the sum of Rs. 25,000/- along with one surety in the like amount to the satisfaction of the Ld. Trial Court/Ld. JMFC/Ld. Duty JMFC within a period of seven days from today. Needless to mention that the appellant has been sentenced for limited duration of sentence, besides he is presently on bail. (Reference is made to the decision 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 11.06.2026. 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 11.03.2026 -- 2 of 2 --
