Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CA 221/2024
Shamim Ahmad vs. Dhara Motor Finance Ltd.
18.09.2024
Fresh appeal u/s. 415 BNSS (under Section 374
CrPC) is received by way of assignment. It be checked and
registered as per rules.
Present: Sh. Habib Ahmad, Ld. Counsel for the appellant.
Appellant has joined the court proceedings through
VC.
1. Heard. Appeal file is carefully perused.
2. Vide present appeal, the appellant has assailed the
judgment of conviction dated 06.07.2024 passed by Ld. JMFC
(NI Act)-02, New Delhi District, Patiala House Courts, New
Delhi whereby he was convicted for the offence u/s.138 NI Act in
Case No. 8623/2019 instituted by the respondent and also
challenged the consequent order on sentence dated 24.08.2024
whereby he was sentenced to pay fine of Rs.3,36,632/- (Rupees
Three Lacs Thirty Six Thousand Six Hundred Thirty Two Only).
The entire fine amount has been directed to be paid to the
respondent as compensation within a period of 60 days from said
date. In default of payment of the said fine/compensation, the
appellant has been directed to undergo one month simple
imprisonment.
3. The present appeal is accompanied with an
application under Section 430 BNSS (under Section 389 CrPC)
for seeking suspension of sentence of the appellant.
Contd...2/
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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.
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 430 BNSS (under
Section 389 CrPC) is accordingly disposed off.
7. Issue notice of the appeal to the respondent on filing
of PF/RC as well as through authorized courier.
8. Put up for awaiting report on the said notice and for
awaiting report regarding compliance of this order on
22.11.2024. TCR be 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:18.09.2024
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