Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CA No.330/2024
Evergreen Infrastructures & Ors. Vs. Margoob Sabir
02.09.2024
Video conferencing facility is active throughout the proceedings during
the day.
Appeal is received by way of transfer. It be checked and registered.
Present: Sh. Ahmad Abrahim and Sh. Abhishek Chandravanshi,
Ld. Counsels for the appellant.
An exemption application has been filed on behalf of appellant
no.2 Abdul Manan on the ground that his health condition is not good.
An exemption application has been filed on behalf of appellant
no.3 Aftab on the ground that he is unwell.
Heard. Considering the reason mentioned in the applications,
exemption is allowed for today only.
The appellant has preferred the present appeal under Section 415
of the BNSS, 2023 for setting aside the judgment dated 18.05.2024 and the
order on sentence dated 02.07.2024 passed by the Court of Ms. Neha Goel,
Ld. JMFC (NI Act-02), Central District, Tis Hazari Courts, Delhi in complaint
case no.521646/2016 titled as Margoob Sabir Vs. M/s. Evergreen
Infrastructures filed under Section 138 NI Act, 1881 whereby, the Ld. Trial
Court was pleased to convict and direct the appellant no.1 M/s. Evergreen
Infrastructures, appellant no.2 Abdul Manan and appellant no.3 Aftab to
undergo an imprisonment of 3 months and to pay a sum of Rs. 23,80,000/-
(Rupees Twenty Three Lacs and Eighty Thousand only) at the interest of 9%
from the date of institution fo the complaint.
The aforesaid fine / compensation amount is stated to be not paid
by the appellant.
The application has also been filed by the appellant for stay of
the operation of the impugned judgment dated 18.05.2024 and order on
sentence dated 02.07.2024.
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An application under Section 430 of the BNSS is already stated
to be filed by the appellants 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 is stayed till the next date subject to the deposition of 20% of the fine
amount from a nationalized bank in the name of the Ld. Trial Court within a
period of two weeks from today.
Subject to deposit of 20% of the fine / compensation amount by
the appellant and subject to furnishing of bail bond / surety bond of the amount
in the sum of Rs. 20,000/- along with one surety of the like amount, the
appellants are admitted to bail.
Ld. Counsel for the appellant is directed to furnish the bail bond
within 15 days from today.
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.
Let TCR be also called two days prior before the next date of
hearing.
List for reply and argument on 10.12.2024.
(SHILPI JAIN)
ASJ-02, Central, THC
Delhi/02.09.2024a
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