Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CA 244/2026
CNR No.DLET010049902026
GOBIND SINGH Vs. AJAY KUMAR GUPTA
14.09.2026
File taken up today as 11.09.2026 was declared holiday by the Hon’ble
High Court of Delhi vide order bearing Endst. No.1953-2004/G-
4/Genl.-I/DHC dated 08.09.2026
Present : Sh. Dushyant Chaudhary and Sh. Rajinder Singh, counsel for
appellant.
Sh. Ayush Pandita, counsel for the respondent.
Fresh vakalatnama has been filed on behalf of respondent.
Same be taken on record.
ORDER
1. Counsel for the appellant presses his application dated 07.08.2026
under Section 430 BNSS r/w Section 148 of N.I. Act.
2. Counsel for the appellant/convict contends that the cheque was of
Rs.22 lacs. The Ld. Magistrate has awarded compensation of Rs.35 lacs.
He states that matter stands compromised. Same is denied by counsel
opposite.
SCOPE OF INTERFERENCE BY THIS COURT
3. Instead of referring to all the judicial precedent laid down by the
apex court in this regard, it would be apposite to refer to the case titled as
Jamboo Bhandari v. M.P. SIDC Ltd., reported as (2023) 10 SCC 446
wherein the Hon'ble Supreme Court, , has held that:
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“...7. Therefore, when the appellate court considers the prayer under
Section 389CrPC of an accused who has been convicted for offence
under Section 138 NI Act, it is always open for the appellate court to
consider whether it is an exceptional case which warrants grant of
suspension of sentence without imposing the condition of deposit of
20% of the fine/compensation amount. As stated earlier, if the
appellate court comes to the conclusion that it is an exceptional case,
the reasons for coming to the said conclusion must be recorded…”
FINDINGS
4. Heard counsel for the appellant. File perused.
5. This court has considered that :
firstly : nature of transactions involved is investment by the
complainant by the accused for purchasing immovable property ;
secondly : the relationship(s) inter-se the parties involved is that the
accused and complainant were business partners who agreed to
invest together. ;
thirdly : the quantum of amount of compensation awarded is Rs.35
lacs ;
fourthly : the financial capacity of the accused / appellant herein is a
property dealer ;
fifthly : the condition of deposit of 20% being imposed upon the an
appellant, will not hamper the right of appeal as appellant has
capacity to pay the same.
6. No exceptional circumstances waiving deposit are made out.
7. Before proceeding further in the appeal, it would be expedient, in the
interest of justice, appropriate and in interest of complainant that appellant
is directed to deposit 20% of the fine/compensation, as directed by ld.
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JMFC, East District vide order of sentence dated 15.07.2026 in the
form of an F.D.R. in auto renewal mode in the name of Ld. Principal
District & Sessions Judge (East), before this Court, till the disposal of
the appeal. Deposit be made within one month from today.
8. The appellant is admitted to bail on furnishing personal bonds in
the sum of Rs.25,000/- with one surety of like amount to the satisfaction
of the Ld. Trial court concerned/Link J.M.F.C/Duty J.M.F.C. till
disposal of the present appeal. Bail bonds can be presented within
seven working days from today.
9. Subject to condition of deposit of the amount ordered above,
furnishing of personal bond and surety bond the sentence of the appellant
is suspended.
10. Application seeking stay 07.08.2026 under Section 430 BNSS r/w
Section 148 of N.I. Act. is hereby allowed in aforesaid terms.
11. A copy of this order be sent to Ld. Trial Court for information. At
request, one copy of this order be given dasti to appellant/ld. counsel to
facilitate the matter.
12. Now, to come up for report regarding settlement, if any or in the
alternative for arguments on 10.10.2026.
13. TCR be called by the Ahlmad from the concerned court two days
in advance prior to the next date of hearing.
(Vikram Bali)
ASJ-05/East/KKD/
Delhi/14.09.2026
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