Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CA No.133/2025
Ritesh Chauhan Vs. Rita Balwani
23.04.2025
Video Conferencing facility is active throughout the
proceedings during the day.
Present: Sh. Harsh Vardhan Sharma, Ld. Counsel for the
appellant alongwith appellant.
The appellant has preferred the present appeal under
Section 415(3) Bhartiya Nagrik Suraksha Sanhita, 2023 read with
Section 423 Bhartiya Nagrik Suraksha Sanhita, 2023 for setting
aside the judgment dated 04.03.2025 and the order on sentence
dated 22.03.2025 passed by the Court of Ms. Neha Goel, Ld.
JMFC (NI Act)-02, Central District, Tis Hazari Courts, Delhi in
complaint case no.11865/2017 titled as Rita Balwani Vs. Ritesh
Chauhan filed under Section 138 NI Act, 1881 whereby, the Ld.
Trial Court was pleased to convict and direct the appellant to
undergo an simple imprisonment of 3 months and to pay a sum of
Rs.5,00,000/- (Rupees Five Lacs only) at the interest of 9% from
the date of institution of the complaint in default of compensation
payment simple imprisonment for 3 months.
The aforesaid fine/compensation amount is stated to
be not paid by the appellant.
An application seeking suspension of sentence
pending appeal is already stated to be filed by the appellant along
with the present appeal.
Heard. Perused.
Having perused the appeal as well as grounds taken
in the appeal and order on sentence, the present appeal is
admitted and operation of order on sentence dated 22.03.2025 is
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stayed till the next date subject to the deposition of 20% of the
fine amount from a nationalized bank in the form of FD in name
of the Ld. Trial Court within a period of two weeks from today
and appellant is admitted to bail on furnishing of bail bond/surety
bond in the sum of Rs. 10,000/- along with one surety of the like
amount to the satisfaction of Ld. Trial Court.
The application for stay of the operation of the
impugned judgment is disposed off accordingly.
Issue notice of the present appeal to the respondent
on filing of PF/RC, speed post and approved courier service by
the appellant for the next date.
A copy of this order be given dasti to the counsel for
the appellant, as prayed for and one copy be sent to Ld. Trial
Court in due course for compliance.
Let TCR be also called two days prior to the next
date of hearing.
List for reply and argument on 09.09.2025.
(Shilpi Jain)
ASJ-02, Central, THC
Delhi/23.04.2025
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