Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 23 CA 734/2025
NARENDER SINGH BISHT Vs. RAPID DIAGNOSTIC PVT
LTD
CNR No. : DLCT010189892025
08.10.2026
Present: Sh. Saurabh Jhamp, Ld. counsel for the appellant.
Appellant in person.
Sh. Girish Gaur, Ld. counsel for the respondent via
VC.
AR of the respondent in person.
Fresh vakalatnama on behalf of the respondent has
been filed.
Perusal of the file shows that 20% of the fine
amount has not been deposited by the appellant till date in terms
of the order dated 12.12.2025.
An application seeking exemption from deposit of
the said amount has been filed today. Arguments on the said
application have been heard.
Ld. counsel for the appellant submitted that the
appellant had already made payment of Rs.1,06,000/- to the
respondent which was not taken into account and thus, at present,
he is not liable for the amount of cheque.
Clearly, no sufficient ground to exempt the appellant
from depositing 20% of the fine amount is made out. The fact
that the appellant had made payment of Rs.1,06,000/- to the
respondent was taken note of by the ld. trial court at the time of
passing of order on sentnence and only after considering that the
appellant was sentenced to pay fine of the cheque amount i.e.
Rs.1,90,503/-.
The application is accordingly dismissed.
20% of the fine amount in terms of the order dated
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12.12.2025 has not been deposited till date. The period of 90
days u/s 148(2) of the NI Act has already expired. The sentence
of the appellant was suspended subject to the deposit of 20% of
the fine amount vide order dated 12.12.2025.
In these circumstances, since one of the conditions
on the basis of which the sentence of the appellant was
suspended has been violated, the suspension of the order on
sentence dated 12.11.2025 is revoked.
Copy of the order be sent to the ld. trial court for
information.
Ld. counsel for the respondent submits that no reply
to the appeal is intended to be filed and he will directly argue the
matter.
At this stage, it appears that there might be chances
of settlement in this case. Parties are referred to Mediation Centre
for today itself i.e. 08.10.2026 at 12:30 p.m.
Report of the Mediator be awaited for 11.02.2027.
(Nishant Garg)
ASJ-06 (Central),
Tis Hazari Courts, Delhi
08.10.2026
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