Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: Crl. Appeal No. 39/2025
Sanjana Vs. Rihana Parveen
01.03.2025
Fresh criminal appeal has been received. It be
checked and registered.
Present: Appellant with ld. counsel Sh. Rajat Yadav.
Application for suspension of sentence has been
filed by appellant.
Arguments of counsel for appellant on application
for suspension of sentence and grant of bail till the pendency of
appeal have been heard.
The appellant has filed the present appeal for
setting aside the impugned judgment dated 27.05.2024 and order
on sentence dated 28.01.2025 passed by the court of Ld. JMFC
(NI Act), East District, KKD, Delhi.
The learned counsel for the appellant has argued
that appellant has a good case to succeed in appeal. There was
no legally enforceable debt or liability on the appellant. The
cheques in question was misused by the respondent/
complainant. Hence, he argued that the operation of judgment
and order on sentence may kindly be suspended till final decision
of present appeal.
Submissions considered. Record perused.
The appellant/convicthas been sentenced to
undergo simple imprisonment of 20 days. The convict /
contd/-----
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appellant is also sentenced to pay sum of Rs. 3,50,000/- as
compensation to the complainant/ respondent and in default of
payment of fine, the appellant/ accused has been sentenced to
undergo simple imprisonment for 10 days. The appellant was on
bail during the trial.
I have also heard the appellant on the question of
direction to deposit compensation amount awarded by the trial
court. It has been argued that the appellant/convict is poor and
works as a household help to earn a living and support her three
children. Thus, in light of the totality of the facts and
circumstances in view of section 148 of NI Act, the appellant is
directed to deposit 20% of the compensation amount in the form
of FD within period of 60 days from today before the ld. trial
court.
It is further directed that the operation of judgment
dated 27.05.2024 and execution of order on sentence of convict /
appellant dated 28.01.2025 shall remain stayed till the final
disposal of present appeal subject to deposit of 20% of the
amount of fine/ compensation within 60 days as directed
above.
Accordingly, the appellant is admitted on bail
subject to furnish personal bonds and surety bonds in sum of Rs.
20,000/-. Bail bond and surety bond furnished and accepted.
Application for suspension of order on sentence is
disposed off.
contd/-----
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Issue notice of appeal to the respondent on filing of
PF/RC and copy of appeal for 09.04.2025. Steps be taken within
a week from today. TCR be also summoned for next date.
As requested, dasti copy of this order be given to
counsel for appellant. Copy of this order be also sent to Ld. Trial
Court for intimation.
(Sushant Changotra)
ASJ (FTC)/EAST/KKD
01.03.2025
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