Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Fresh Criminal Appeal
CA 264/2024
M/s Projtech Engineering Pvt. Ltd. & Anr. Vs. State & Anr.
14.11.2024
Fresh criminal appeal has been received by way of
assignment. It be checked and registered as per rules.
Present: Sh. Ranjan Kumar and Sh. Kaushal Kumar, Ld.
Counsels for both the appellants along with appellant
no.2 in person.
Sh. S.K. Kain, Ld. Addl. PP for the State/respondent
no.1.
Heard. Appeal file is carefully perused.
The present appeal is preferred against the judgment
of conviction dated 16.07.2024 passed by Ld. MM (NI Act)-01,
NDD, PHC, New Delhi whereby both the appellants have been
convicted for the offence punishable under Section 138 of the NI
Act and consequent order on sentence dated 18.09.2024 whereby
they have been directed to pay a fine of Rs.35,00,000/- along with
simple interest at the rate of 9.5% per annum from the date of
cheque till date of judgment to the complainant/respondent no.2
within a period of 30 days from the date of order and in default of
making payment of said fine, simple imprisonment for a period of
09 months has been awarded to appellant no.2.
Ld. Counsel for the appellants has pressed upon his
application under Section 430 BNSS for seeking suspension of
sentence.
The disposal of the present appeal may take some
time and if the sentence of appellants is not suspended, they
would be requried to pay the fine amount and in its default,
-- 1 of 2 --
appellant no.2 shall have to suffer the default sentence of 09
months, thereby rendering the present appeal infructuous.
Therefore, their sentence is suspended till final disposal of the
present appeal subject to deposition of 20% of the
fine/compensation in the form of FDR before the Ld. Trial Court
within 60 days from today and on furnishing of personal bond in
the sum of Rs.50,000/- by appellant no.2 with one surety of the
like amount before the Ld. Trial Court to its satisfaction.
The appellants are not seeking any relief against
respondent no.1/State. Therefore, it is neither necessary nor proper
party for adjudication of this appeal. Accordingly, its name is
directed to be deleted from the list of respondents. Amended
Memo of Parties be accordingly filed within a week from today.
Notice of the present appeal be issued to respondent
no.2 upon filing of PF, RC as well as through approved courier.
Put up for awaiting Amended Memo of Parties,
awaiting report of the compliance of this order and awaiting report
on notice to respondent no.2 on 14.01.2025.
TCR be summoned for the said date.
As prayed, copy of the order be given
dasti.
(Dheeraj Mor)
ASJ-06/NDD/PHC
New Delhi:14.11.2024
-- 2 of 2 --