Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: CA No.38/2024
Mulan Khan vs State
18.05.2024
Present: Sh. Harkesh Nishadraj, Ld. counsel for appellant.
Sh. Shashi Kant & Sh. R.S. Pawar, Ld. counsel for
respondent.
Respondent in person.
Sh. Virender Kumar, Ld. Substitute Addl. PP for State.
Ld. counsel for respondent submits that vide order
dated 14.03.2024, conditional order for suspension of sentence
u/s 389 CRPC of Order on sentence dated 23.12.203 was passed
vide which the appellant was directed to deposit Rs.4.5 lacs
within 60 days from the date of order to the
respondent/complainant by way of Bank Draft. However, said
period has already elapsed on 14.05.2024 but appellant has not
deposited the said amount till today. Thus, it is prayed that order
for suspension of sentence may be revoked as the condition upon
which the sentence was suspended, has not been fulfilled.
Ld. counsel for appellant submits that appellant is
facing financial constraints and he needs some time to bring the
Bank Draft in compliance of order dated 14.03.2024. Upon
instructions of the appellant, Ld. counsel for appellant submits
that appellant shall deposit the said amount by the next date and
request is made for extension of further period of 30 days as
provided U/s 148 of NI Act.
In interest of justice, appellant is granted time to
deposit the Bank Draft of Rs.4.5 lacs in compliance of order
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dated 14.03.2024 on or before the next date of hearing.
Part arguments on merit heard on behalf of appellant.
At this juncture, Ld. counsel for respondent submits
that he intends to file detailed reply to the said appeal.
Put up on 05.06.2024 for further arguments/filing of
reply by the respondent and furnishing of Bank Draft by the
appellant.
(Ashish Rastogi)
Addl. Sessions Judge -05
KKD/East/18.05.2024
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