Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CA 268/2025
PRIYANKA Vs. VIJAY KUMAR
04.09.2025
Present: Appellant in person with Counsel
Sh. Virender Kumar.
Sh. Devraj and Sh. Ayush Jain, Counsel for
respondent.
Ld. Counsel for respondent has filed his
vakalatnama.
Counsel for respondent has verbally stated at bar
that he does not want to file the written reply of the application
seeking condonation of delay in filing the present appeal and
wants to orally argue on the said application.
Arguments on the application seeking condonation
of delay in filing the present appeal heard and the application and
the file perused.
Keeping in view the fact that the limitation for filing
the appeal was expiring on 13.06.2025 but since after
09.06.2025, the Sessions courts were on summer vacations and
as per the Limitation Act, the summer vacations should be
excluded being holidays and the applicant / appellant has placed
on record the medical certificate of the illness of his mother with
whom she is residing.
In view of the said justifiable ground and in view of
the fact that there is delay of only 2 days in filing the appeal as
filed on 03.07.2025 and in the interest of justice, the delay in
filing the appeal is hereby condoned and the application seeking
condonation of delay in filing the present appeal is hereby
allowed.
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Application is disposed off accordingly.
This is an appeal against the judgment dated
09.05.2025 and order on sentence dated 13.05.2025 vide which
the appellant/convict has been convicted u/s 138 NI Act and
sentenced to pay a fine of Rs.2,50,000/- (Rupees Two Lacs Fifty
Thousand only) u/s 138 NI Act and the same is payable to the
complainant as compensation u/s 357 CrPC within 60 days and
in default of payment of said amount, the convict shall undergo
S.I.for a period of two months. It is made clear that in case
payment is not made in time, the same shall also be recoverable
as per the provision of Section 421 Cr.P.C.
Ld. Counsel for appellant/convict submits that an
application u/s 430 BNSS seeking suspension of sentence and
grant of bail till decision of the present appeal has also been filed
along with present appeal.
Arguments on said application heard.
Keeping in view of the totality of facts and
circumstances, the sentence awarded by the Ld. Trial Court is
suspended till disposal of the present appeal subject to the
condition that appellant/convict is admitted to bail till disposal of
present appeal on his furnishing personal bond in the sum of
Rs. 20,000/- with one surety in the like amount to the satisfaction
of this Court as well as on deposit of 20% of the fine amount
within one month from today before the Ld. Trial Court.
The receipt for deposit of fine amount be placed on
record on or before the next date of hearing.
Requisite bail bond and surety bond furnished.
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Accepted till the disposal of the present appeal.
Appellant/convict be released at once till the
disposal of the present appeal.
Impugned judgment and order on sentence are
stayed till the disposal of the present appeal.
TCR be summoned for NDOH.
Ld.counsel for respondent submitted that copy of the
appeal has not been supplied.
Ld. Counsel for appellant is directed to supply copy
of the appeal to Counsel for respondent against acknowledgment.
Put up for filing reply, if any as well as for
arguments on 20.12.2025.
Copy of this order be given dasti to Ld. Counsel for
accused/appellant and be also sent to Ld. Trial Court.
(Ekta Gauba Mann)
Special Judge (NDPS-01)
(Central) Tis Hazari Courts
Delhi/04.09.2025
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