Final Order 16

Order Details: COPY OF ORDER
Pdf Text: -1-
CA 71/2023
VARESHVAR MEHTA Vs. AMIT GADHIA
10.05.2024
Pr.: Appellant in person with Ld. Counsels Sh. Rajeev Mittal
and Sh. Deepansh Sharma.
Respondent in person.
Sh. S.S. Gulati, Ld. Counsel for respondent appearing
through V/C.
Vide separate order, application for condonation of delay
in filing the present appeal has been allowed and the present
appeal has been dismissed. Conviction granted to appellant has
been upheld.
During the course of arguments on sentence, Ld. Counsel
for appellant has submitted that appellant/convict is mostly
residing in Zambia due to his business and has liability of his
wife and minor child, aged about 2 years. Ld. Counsel for
appellant has submitted that his incarceration is likely to play
havoc in his family. It is prayed that a lenient view may be taken
in favour of appellant/convict.
Heard. Considered.
Considering the above submissions, order on sentence
passed by the Ld. Trial Court dated 24.03.2023 is modified to the
effect that the appellant/convict is sentenced to pay fine of Rs.20
lakh alongwith interest @ 9% per annum from the date of filing
of the complaint till the date of order i.e. 10.05.2024. In default
of payment of fine, convict shall undergo SI for a period of six
months. Appellant is directed to deposit the fine before Ld. Trial
Court in 15 days from today. Fine not paid.
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Out of the fine deposited by appellant/convict, Rs.15 lakh
with 9% per annum interest from the date of filing of complaint
till today i.e. 10.05.2024 be paid to complainant as
compensation.
The amount of compensation/fine already paid by the
appellant/accused shall be adjusted against the modified
sentence.
Appellant is directed not to leave Delhi, within the period
of 15 days from today. He is also directed to deposit his passport
before the Ld. Trial Court, on or before 13.05.2024.
Copy of this order alongwith Trial Court record be sent
back with the direction to execute the modified sentence in
accordance with law.
Appeal File be consigned to Record Room.
(Shail Jain)
Principal District & Sessions Judge,
East District, KKD Courts, Delhi.
10.05.2024 (pm)
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