Order 1

Order Details: COPY OF ORDER
Pdf Text: Praduman Kumar Jain v. Mahesh Kumar Saini & Anr.
CNR No.: DLCT01-007251-2026
Crl. Appeal No. 203/2026
27.04.2026
Criminal appeal received by way of assignment. It
be checked and registered.
Present : Mr. Sitab Ali Chaudhary, Mr. Sadik and Mr. Wahab
Ali Choudhary, Ld. Counsel for the appellant.
The appellant is present.
Ms. Aarti Bansiwal, Ld. Counsel for the respondent
no. 1.
Respondent no. 1 is present.
The present appeal has been preferred against
judgment dated 23.02.2026 passed by Ld. JMFC (NI Act)-07,
Central, Tis Hazari Courts, Delhi convicting the appellant for the
offence under Section 138 NI Act and the consequent order of
sentence dated 28.03.2026, sentencing the appellant in the
manner specified therein.
Ld. Counsel for the appellant has briefed this Court
facts of the present case and grounds of filing the present appeal.
Ld. Counsel for the appellant has further submitted
that he desires to move an application under Section 148 NI Act,
seeking waiver of deposit of 20% of the fine amount.
Nevertheless, Ld. Counsel has pressed on his application under
Section 430 BNSS.
Heard. Perused.
Issue notice of the appeal to the respondent no. 1.
Respondent no. 1 along with his counsel has entered
appearance on an advance notice. Copy of the present appeal has
been supplied to respondent no. 1. Ld. Counsel for respondent
no. 1 has submitted that she would file her
vakalatnama during
the course of the day. Let the same be done, as prayed for.
Contd..2/-
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Ld. Counsel for the appellant has submitted that he
would supply copy of application under Section 148 NI Act to
respondent no.1 during the course of the day. Let the same be
done, as prayed for.
Further, for the reasons stated under the appellant’s
application under 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. 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. (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 28.07.2026.
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.
Reply, if any, to the present appeal and pending
applications may be filed in the meanwhile with a copy thereof to
the opposite side.
Abhishek Goyal
ASJ-03, Central District,
Tis Hazari Courts, Delhi
27.04.2026
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