Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CA No. 14/2025
Imran Khan vs. Ramesh Chander Gupta & Anr.
16.01.2025
Fresh appeal is received by way of assignment. It be
checked and registered as per rules.
Present: Ms. Fozia Malik, Ld. Counsel for the appellant
along with appellant in person.
1. Heard. Appeal file is carefully perused.
2. Vide present appeal, the appellant has assailed the
judgment of conviction dated 30.09.2024 passed by Ld. JMFC
(NI Act) Digital Court-01, New Delhi District, Patiala House
Courts, New Delhi whereby he was convicted for the offence
u/s.138 NI Act in Case No. 835/2022 instituted by the respondent
and also challenged the consequent order on sentence dated
09.12.2024 whereby he was sentenced to pay fine of
Rs.2,00,000/- (Rupees Two Lacs Only) along with simple interest
of 9% per annum from the date of dishonour of the cheque till the
date of judgment. The entire fine amount has been directed to be
paid to the respondent as compensation within a period of 30
days from said date. In default of payment of the said
fine/compensation, the appellant has been directed to undergo
further 02 months simple imprisonment.
3. The present appeal is accompanied with an
application under Section 430 BNSS for seeking suspension of
sentence of the appellant.
4. The disposal of this appeal may take some time and
if the sentence of the appellant is not suspended till its disposal,
Contd...2/
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he will be required to pay the entire fine, failing which he has to
suffer default sentence thereby rendering the present appeal
infructuous.
5. In the given facts and circumstances of the case, I
deem it appropriate that sentence of the appellant be suspended
till the disposal of the present appeal subject to deposition of
20% of the total fine/compensation amount by way of FD within
60 days from today and on furnishing of personal bond in the
sum of Rs. 25,000/- with one surety in the like amount to the
satisfaction of Ld. Trial Court. The application under Section 430
BNSS is accordingly disposed off.
6. The appellant is not seeking any relief against
respondent no.2/State and therefore, it is neither necessary nor
proper party in the present appeal. Accordingly, its name is
hereby directed to be deleted from the list of parties. Amended
memo of parties be filed on the next date of hearing.
7. Issue notice of the appeal to the respondent on filing
of PF/RC as well as through authorized courier for the next date
of hearing.
8. Put up for awaiting report on the said notice and for
awaiting report regarding compliance of this order on
18.03.2025. TCR be also summoned for the said date.
9. As prayed, a copy of this order be given
dasti to the
ld. Counsel for the appellant.
(Dheeraj Mor)
ASJ-06/NDD/PHC
New Delhi:16.01.2025
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