Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Crl. Appeal No. 69/2022
Vareshwar Mehta Vs. Amit Gadhia
(@ CC No. 47589/2016
under Section 138 N.I. Act)
09.05.2023
Present file has been taken up on the application moved
for the appellant.
Present: Mohd. Shahjahan and Sh. Diesh Yadav, ld. counsels
for the appellant.
This is an application with prayer to preponement of the
matter. Perused.
In view of the overall circumstances, and in the interests
of justice, present application is hereby allowed and matter be now
taken up today itself for hearing and date 10.05.2023, already fixed
stands cancelled.
It is submitted by the ld. counsels for the appellant that total
four appeals were preferred by appellant and out of those, three
appeals are pending before the court of Ld. Principal District &
Sessions Judge (East) and in the same, applications were moved and
the appellant was ordered to deposit 40% of the fine/compensation, as
directed by ld. MM (East) in its impugned order with time of 60 days.
File perused. There is prayer for suspension of sentence as
awarded by court of ld MM concerned pursuant to the impugned
judgment.
Before proceeding further on the appeal and in view of the
over all circumstances, this court is also of the view that it would be
expedient in the ends of justice and appropriate if the appellant is
directed to deposit 40% of the fine/compensation, as directed by ld.
MM (East) in its impugned order dated 24.03.2023 in the form of an
FDR with auto renewal mode in the name of ld. Principal Distt. &
Sessions Judge (East), before this Court, till the disposal of the appeal
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to protect the interest of respondent/complainant.
In the interests of justice, the appellant is given an
opportunity to deposit the said amount within sixty days from today.
The appellant is admitted to regular bail on furnishing
personal bond in the sum of Rs. 20,000/- with one surety of like
amount to the satisfaction of the ld. trial court concerned/Link
MM/Duty MM till disposal of the present criminal appeal.
In view of the aforesaid condition i.e. deposition of the
amount and furnishing of personal bond/ surety bond, the sentence of
the appellant namely Vareshwar Mehta is suspended. As such,
application seeking suspension of sentence is hereby allowed in
aforesaid terms.
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. In the overall circumstances, one copy
of this order be also sent to Suptd Jail for information.
Issue notice of the present criminal appeal to respondent on
filing of PF/Speed Post/AD/approved Courier with copy of the
present criminal appeal along with annexures thereto, if any, for the
NDOH.
Be listed on 14.07.2023 for further proceedings. TCR be
also summoned for said date.
(Arun Sukhija)
ASJ (East)-03: KKD Courts:
Delhi: 09.05.2023
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