Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: CA no. 342/2024
Payal Gupta Vs. M/s Rajdhani Saree Sadan
20.08.2024
Present: Ms. Vijaylaxmi and Sh. Surjeet Singh, ld. Counsels for the
appellant along with the appellant.
The appellant has preferred the present appeal u/s 374 of
the Cr.P.C.(U/s 415(3) of BNSS) against the judgment dated
06.06.2024 and the orders on sentence dated 19.07.2024 passed by the
court of the ld. MM-05, Central District, THC, Delhi, whereby, the
appellant has been found guilty of the offences punishable u/s 138 of
the NI Act and convicted the appellant with the direction to the
appellant to pay Rs. 1.09 lacs as fine and in case of default in the
payment of fine, the appellant has been asked to undergo SI for a period
of one month.
The aforesaid fine/ compensation amount is stated to be not
paid by the appellant.
An application u/s 389 of the Cr.P.C.(Section 430 of the
BNSS) has been 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 is stayed till the next date subject to the
depositing of 20% of the fine amount from a nationalized bank in the
name of this court within a period of 60 days from today.
Subject to deposit of 20% of the fine / compensation
amount by the appellant and subject to furnishing of surety bond of the
amount in the sum of Rs. 10,000/- along with one surety of the like
amount, the appellant is admitted to bail.
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One more application u/s 432 of BNSS R/w Section 430 of
the BNSS for further cross-examination of the complainant has also
been filed.
Issue notice of the present appeal and of the application u/s
432 of the BNSS R/w Section 430 of the BNSS to the respondent on
filing of PF/RC, speed post and approved courier service by the
appellant for the next date.
Put up service of the respondent and reply/ arguments on
06.11.2024.
TCR be summoned by the Ahlmad at least two days prior
to the next date.
A copy of this order be given dasti to the counsel for the
appellant, as prayed for.
(Raj Kumar)
ASJ-05, Central District
Tis Hazari Courts, Delhi
20.08.2024
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