Order 2

Order Details: COPY OF ORDER
Pdf Text: CA No. 58/2024
Rahul Dayal Vs. J S Rawat
18.04.2024
Present: Sh. R. K. Satyarthi, Ld. Substitute Addl. PP for the State.
Sh. Amit Kumar Singh, Ld. Counsel for the appellant.
The Ld. Counsel for the appellant has addressed the
arguments on the application u/s 389 Cr.PC seeking suspension of
sentenced passed vide order dated 12.03.2024.
It is submitted by the Ld. Counsel for the appellant that the
appellant was convicted by the Ld. Trial Court vide Judgment dated
01.03.2024, whereby he was convicted for committing the offence
punishable u/s 138 NI Act, 1881 for dishonor of cheque issued by him in
a sum of Rs. 5 lacs. Vide the order of sentenced dated 12.01.2024, the
Ld. Trial Court had sentenced the appellant to undergo simple
imprisonment for a period of 6 months alongwith fine to the tune of Rs.
7 lacs, to be paid as compensation to the complainant, within one month
from the date of the order of sentence.
The Ld. Trial Court had admitted the appellant to bail on
furnishing personal bond in the sum of Rs. 20,000/- alongwith one surety
in the like amount.
It is submitted by the Ld. Counsel for the appellant that
although the appellant admits the loan amoutn of Rs. 5 lacs which he had
taken as a friendly loan from the complainant, however, the part payment
towards the said loan amount was made by the appellant and the cheque
in question was a security cheque given as signed blank cheque to the
complainant and the same has been misused by the complainant.
In veiw of the submissions made by the Ld. Counsel for the
appellant and in the interest of justice, the order passed by the Ld. Trial
Court dated 12.03.2024 qua the sentence against the appellant is hereby
stayed/suspended till the pendency of the present appeal, subject to the
appellant furnishing fresh bail bond/surety bond in the sum of Rs.
20,000/- to the satisfaction of the Ld. Trial Court within three working
days from today.
Perusal of the record reflects that the appellant had taken a
loan of Rs. 5 lacs from the respondent/complainant and in discharge of
his liablility, he had issued cheque bearing no. 254851 dated 24.07.2017
drawn on ICICI Bank, Branch Sector 15, Gurugram Haryana and he had
not made any payment towards the said liability after dishonor of the
said cheque. The appellant is directed to pay 20% of the fine amount to
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the respondent/complainant within two weeks from today.
Issue notice to the respondent on filing of PF/RC and Dasti,
returnable for the NDOH.
Let, TCR be called for the NDOH.
Robkar be issued accordingly.
Now to come up for further proceedings on 30.04.2024.
Copy of this order be given Dasti as prayed for.
(ATUL AHLAWAT)
ASJ (FTC)/North-
East/KKD Courts/
Delhi/18.04.2024
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