Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CA / 663/2025
VIPUL SONI Vs. KAPIL KUMAR
03.07.2026
Present: Sh. Gaurav Nigam, Ld. Counsel for the appellant
with appellant in person.
Respondent in person.
Ms. Dharni, Ld. Counsel for the respondent via VC.
Reply to the application for condonation of delay filed.
Copy given to Ld. Counsel for the revisionist. Arguments on the said
application have been heard.
Perusal of the file shows that appellant Vipul Soni was
convicted u/s 138 of NI Act vide judgment dated 20.08.2025 and he
was sentenced with a fine of Rs.5,20,000/-, in default of which, he
was to undergo SI for two months vide order on sentence dated
26.09.2025. The present appeal was filed on 27.11.2025. Thus, there is
a delay of about one month in filing the present appeal.
Ld. Counsel for the revisionist submits that father of the
appellant was unwell and was suffering from various diseases due to
which appeal could not be filed within the prescribed period of
limitation and delay of 30 days was caused. He submits that he can
produce the relevant medical documents, if so directed by the Court.
Ld. Counsel for the respondent, on the other hand,
opposes the application stating that no sufficient ground for delay in
filing the present appeal has been informed; delay has not been
explained; no documentary evidence in support of the submissions has
been filed; mere vague averments are not sufficient to condone the
delay in filing the appeal.
I have considered the rival submissions and have gone
through the case file.
The revisionist was not going to be benefitted in any
manner by filing the revision petition belatedly. The Hon’ble Supreme
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Court in Pawan Kumar Ralli v. Maninder Singh Narula, (2014) 15
SCC 245 has held that the remedy of condonation of delay is provided
to enable a genuine litigant to pursue his case by overcoming the
technical difficulty of limitation. In a number of cases, the Hon’ble
Supreme Court has held that the expression “sufficient cause” is to be
interpreted in a meaningful manner which serve the ends of justice
and the expression “each day’s delay” does not mean that a pedentic
approach is to be adopted. It has further been held by the Hon’ble
Supreme Court in State of Nagaland v. Lipok AO (2005) 3 SCC 752
that shortness of delay is one of the circumstances to be taken into
consideration in using the discretion and what constitutes “sufficient
cause”, cannot be laid down by hard and fast rule.
No prejudice will be caused to the respondent if delay in
the present case is condoned. Accordingly, the delay of about 30 days
in filing the present appeal is condoned subject to payment of
Rs.3000/- to the respondent. Cost be paid on or before the NDOH.
Ld. Counsel for the respondent has informed that the
appellant has already sold the property in which he was residing and
he be directed to furnish his current address. Ld. Counsel for the
appellant submits that he shall furnish present address of the appellant
during the course of the day.
Ld. Counsel for appellant/convict submits that an
application u/s 389 Cr.P.C. 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. Appellant/convict is
admitted to bail till disposal of present appeal on his furnishing
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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 working days 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. Accepted
till disposal of the appeal.
Impugned judgment and order on sentence are stayed till
the disposal of the present appeal.
TCR be summoned for NDOH.
Ld. Counsel for the appellant submits that he shall
provide a copy of the appeal and accompanying documents to
Ld.Counsel for respondent today itself.
Reply to the appeal be filed on the NDOH.
To come up for arguments on 03.09.2026.
Copy of this order be given dasti to Ld. Counsel for
accused/appellant and be also sent to Ld. Trial Court.
(Nishant Garg)
ASJ-06 (Central),
Tis Hazari Courts, Delhi
03.07.2026
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