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Order 8

CNR DLCT01012776202418 Oct 2025
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Order 8 · 18 Oct 2025 · CNR DLCT010127762024

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Payal Gupta Vs. Ms Rajdhani Saree Sadan
CNR No. DLCT01-012776-2024
Crl. Appeal No. 342/2024
18.10.2025
Present : Mr. Samad Khan, Ld. Proxy Counsel for Mr. M.S.
Khan, Ld. Counsel for the appellant.
The appellant is present.
Mr. Aditya Chaudhary, Ld. Counsel for respondent.
Mr. Sachin Aggarwal, Ld. Counsel for respondent
(through video conferencing mode).
At request, the matter is passed over.
Abhishek Goyal
ASJ-03, Central District,
Tis Hazari Courts, Delhi
18.10.2025
At 11.30 a.m.
Present : Ms. Vijay Laxmi, Ld. Proxy Counsel for Mr. M.S.
Khan, Ld. Counsel for the appellant.
The appellant is present.
Mr. Aditya Chaudhary, Ld. Counsel for respondent.
AR of the respondent is present.
Application for release of 20% of fine amount as per
the settlement agreement has been moved on behalf of
respondent. Copy thereof has been supplied to the Ld. Counsel
for the appellant.
At this stage, upon an query being posed by this
Court to the Ld. Counsel for the appellant that the amount
deposited by the appellant under Section 148 NI Act in the
present case and the connected appeals is less than the settled
amount, agreed to be released in favour of the respondent as per
clause 6(ii) of the Mediation settlement agreement, Ld. Counsel
has submitted that as per the Ld. Mediator, the balance amount
was to be disbursed by release of FDs furnished surety of the
Contd…../-
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appellant. However, the said clause is not comprehensible to this
Court especially when the appellant is appearing before this
Court, negating a possibility of forfeiture of surety. In the
alternate, release of FDs to the surety is possible only if the case
is compounded (or the appellant acquitted on merits) and surety
discharged.
At this stage, Ld. Counsel for the parties have
submitted that they would seek necessary instructions from their
clients in respect of the foregoing. Accordingly, request for short
accommodation is made.
In the interest of justice and as prayed for, list for
further proceedings on 17.11.2025.
Abhishek Goyal
ASJ-03, Central District,
Tis Hazari Courts, Delhi
18.10.2025
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