Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: CA 219/25
Kalyan Singh vs. Braham Prakash
12.07.2025
Fresh appeal received by way of allocation. It be
checked and registered.
Present Sh. Sanjar Alam and Sh. Bishal Jha, Ld. Counsels
for appellant.
1. Heard. Appeal file is carefully perused.
2. Vide present appeal, the appellant has assailed the
judgment of conviction dated 08.04.2025 passed by Ld. JMFC (NI
Act), New Delhi District, Patiala House Courts, New Delhi
whereby he was convicted for the offence u/s.138 NI Act and also
challenged the consequent order on sentence dated 06.05.2025
whereby he was sentenced to pay fine of Rs.15,00,000/- (Rupees
Fifteen Lacs Only). 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 03 months simple
imprisonment.
3. The present appeal is accompanied with an application
under Section 389(3) Cr.P.C. 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, he
will be required to pay the entire fine, failing which he has to suffer
default sentence thereby rendering the present appeal infructuous.
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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.
6. The application under Section 389(3) Cr.P.C. is
accordingly disposed off.
7. Issue notice of the appeal to the respondent on filing of
PF/RC as well as through authorized courier for 27.10.2025. TCR
be summoned for the said date.
8. As prayed, a copy of this order be given
dasti to the ld.
Counsel for the appellant and be sent to Ld. Trial Court.
(Neha)
ASJ-06/NDD/PHC
New Delhi:12.07.2025
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