Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CA No. 402/2026
Shelly Marwah Vs Upender Gupta
24.07.2026
Fresh appeal has been received by way of assignment. It
be checked and registered.
Present: Appellant in person with Ld. Counsel Sh. Atul Sahi.
Heard. Record perused.
This is an appeal assailing the judgment dated 12.05.2026
whereby appellant was convicted for the offence u/s 138 of the NI Act.
Vide said appeal, the appellant also takes exception to the order on
sentence dated 27.06.2026 whereby she was sentenced to pay a fine of
Rs. 7 lacs which was directed to be paid to the respondent as
compensation within 30 days. In default of fine, appellant was
directed to undergo simple imprisonment for a period of three months.
The appeal is accompanied with an application u/s 389 of
the Cr.P.C./430 of the BNSS seeking suspension of the sentence and
grant of bail.
Considered.
In view of the submissions and contents of the
application, the same is allowed. The order of sentence dated
27.06.2026 shall remain suspended till pendency of present appeal
subject to appellant depositing 20% of the fine/ compensation
amount(in the name of the respondent or in the name of ‘ASJ-05,
Central District, Tis Hazari Courts, Delhi’) in the form of the FDR/DD
within 60 days from today.
The appellant is admitted to bail on furnishing of PB/SB
in the sum of Rs. 20,000/-. Bail bonds not furnished today and some
time is sought for furnishing the same. The same be furnished within
two weeks from today.
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Issue notice of the present appeal to the respondent on
filing of the DD/ FDR as mentioned about and on filing of PF/RC,
speed post, approved courier service and all other approved modes
by the appellant for the next date. At request, the process be given
dasti as well.
Put up service of the respondent and reply/ arguments on
the next date of hearing.
TCR be summoned by the Ahlmad at least two days prior
to the next date.
At this stage, respondent has appeared with Ld. Counsel
Sh. Raghav Sharma and accepts the notice. It is submitted by Ld.
Counsel for the respondent that copy of the petition and annexed
documents be supplied to him on whatsapp No. 8447750366. Let the
same be done.
Reply, if any be filed by the next date of hearing with
advance copy to opposite side.
Put up for arguments on the next date of hearing.
Re-notify on 18.12.2026.
Copy of this ordersheet be sent to Ld. Trial Court for
information and record.
Dasti to all concerned.
(Bhupinder Singh)
ASJ-05, Central District
Tis Hazari Courts, Delhi
24.07.2026
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