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CA - CRIMINAL APPEAL

PALVINDER KAURVsRAHUL BANIWAL

CNR DLNW010063062023499-Additional Sessions Judge
Rohini North-West, District Sessions Court
delhi · Delhi (DL)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 14th October 2024

TrustJury record updated 19 Oct 2026

Case Overview

Registration Number
134/2023
Registration Date
12 Jul 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1PALVINDER KAUR

    Respondent

    1. 1RAHUL BANIWAL

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 12-07-2023
Business: PF
Next Purpose: Misc. cases/purpose
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: SETT.
Next Purpose: Misc. cases/purpose
Next Hearing Date: 30-10-2023

Date: 30-10-2023
Reason For Adjournment: Judge on Leave
Next Purpose: Misc. cases/purpose
Next Hearing Date: 11-12-2023

Date: 11-12-2023
Business: ARGTS
Next Purpose: Arguments
Next Hearing Date: 26-02-2024

Date: 26-02-2024
Business: FP
Next Purpose: Arguments
Next Hearing Date: 03-06-2024

Date: 03-06-2024
Business: LD. PRESIDING OFFICER IS ON LEAVE TODAY. PUT UP FOR PURPOSE FIXED.
Reason For Adjournment: Judge on Leave
Next Purpose: Arguments
Next Hearing Date: 12-08-2024

Date: 12-08-2024
Business: ARGUMENTS
Next Purpose: Arguments
Next Hearing Date: 20-08-2024

Date: 20-08-2024
Business: ORDERS
Next Purpose: Order/ Judgement
Next Hearing Date: 19-09-2024

Date: 19-09-2024
Business: LD. PRESIDING OFFICER IS ON LEAVE.
BE PUT UP FOR PURPOSE FIXED
Reason For Adjournment: Judge on Leave
Next Purpose: Order/ Judgement
Next Hearing Date: 14-10-2024

Date: 14-10-2024
Business: RRDISMISED
Nature Of Disposal: DISMISSED
Disposal Date: 14-10-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 2885/2023
Filing Date: 10-07-2023
First Hearing Date: 12th July 2023
Decision Date: 14th October 2024
Court Number And Judge: 499-Additional Sessions Judge

    Orders

    14
    Final Order 8
    14 Oct 2024
    Order Details: COPY OF ORDER
Pdf Text: CA 134/2023
PALVINDER KAUR
Vs.
RAHUL BANIWAL
14.10.2024
Present: None for the appellant.
Respondent with Ld. Counsel Sh.Rajesh Kumar
Aggarwal.
Arguments have already been heard. Today, the
matter is listed for judgment.
Today matter is fixed for final orders, however,
none has appeared on behalf of appellant on repeated calls. It
appears that appellant is deliberately trying to delay the
proceedings.
In view of the aforesaid conduct, the present
appeal is hereby dismissed vide separate judgment pronounced
in the open Court.
Let the copy of this order alongwith judgment and
TCR be sent to Ld. Trial Court for recovery of fine and
execution of sentence for 18.10.2024.
Appeal file be consigned to Record Room.
(BABRU BHAN)
ASJ-03 (NORTH-WEST)
ROHINI COURTS
DELHI/14.10.2024
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    Final Order 7Full order available
    14 Oct 2024

    Order Details: COPY OF JUDGMENT Pdf Text: CA 134/2023 PALVINDER KAUR Vs. RAHUL BANIWAL 1 IN THE COURT OF BABRU BHAN, ADDL. SESIONS JUDGE-03, NORTH WEST DISTRICT, ROHINI, DELHI CA 134/2023 PALVINDER KAUR Vs. RAHUL BANIWAL IN THE MATTER OF: Palvinder Kaur W/o. Sh. Labh Singh R/o. WZ-125, 2nd Floor, Gali No.2, Shri Nagar, Delhi …Appellant Versus Rahul Baniwal S/o. Sh. Dharambir R/o. H.No.412, Sukhlal Market, Pitam Pura, New Delhi ...Respondent Date of Institution : 12.07.2023 Date of Judgment :…

    Read Full Order
    Interim Order 6
    20 Aug 2024
    Order Details: COPY OF ORDER
Pdf Text: CA 134/2023
PALVINDER KAUR
Vs.
RAHUL BANIWAL
20.08.2024
Present: Sh. Sanjay Bhardwaj, Ld. Counsel for the
appellant.
Sh. Rajesh Kumar Aggarwal and Sh. Avijit
Sharma, Ld. Counsel for the respondent.
Arguments heard.
Put up for orders on 19.09.2024.
(BABRU BHAN)
ASJ-03 (NORTH-WEST)
ROHINI COURTS
DELHI/20.08.2024
-- 1 of 1 --
    Interim Order 5
    12 Aug 2024
    Order Details: COPY OF ORDER
Pdf Text: 14 CA 134/2023
PALVINDER KAUR Vs. RAHUL BANIWAL
12.08.2024
Present: Appellant present in person.
Sh. Rajesh Kumar Aggarwal and Sh.Avijit Sharma,
Ld. Counsels for respondent along-with respondent.
Appellant has sought adjournment on the ground
that his counsel is not available today.
At request, appeal be put up for arguments on
20.08.2024.
( BABRU BHAN)
ASJ-03, N/W, ROHINI COURTS
DELHI/12.08.2024
-- 1 of 1 --
    Interim Order 4
    26 Feb 2024
    Order Details: COPY OF ORDER
Pdf Text: CA No.134/23
Palvinder Kaur Vs. Rahul Baniwal
26.02.2024
Present: Appellant in person.
Respondent with Ld. Counsel Avijit Singh.
An adjournment has been prayed by the appellant
on the ground of non-availability of her counsel.
Last and final opportunity is given for arguments.
Matter be renotified for arguments on 03.06.2024.
(BABRU BHAN)
ASJ-03 (NORTH-WEST)
ROHINI COURTS
DELHI/26.02.2024
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    Interim Order 3
    11 Dec 2023
    Order Details: COPY OF ORDER
Pdf Text: CA No.134/23
Palvinder Kaur Vs. Rahul Baniwal
11.12.2023
Present: None for the appellant.
Ld. Counsel for the respondent.
Last opportunity is granted to the appellant to
appear for arguments on the present appeal, failing which the
Court shall proceed further in absence of the appellant.
Matter be reotified for 26.02.2024.
( BABRU BHAN)
ASJ-03 (NORTH-WEST)
ROHINI COURTS
DELHI/11.12.2023
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    Interim Order 2
    27 Sept 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CA 134/2023
PALVINDER KAUR
Vs.
RAHUL BANIWAL
27.09.2023
Present: Appellant in person with counsel Sh. Sanjay
Bhardwaj.
Respondent with counsel Sh.Manoj Kumar, Fresh
vakalatnama filed. Same is taken on record.
20% of compensation amount deposited by the
appellant in form of DD no.002340 drawn on IDBI Bank , Om
Vihar Uttam Nagar, Delhi. The DD is issued in the name of the
Ld. Principal District and Sessions Judge, North West District,
Rohini Courts. Let the DD be released in favour of respondent/
complainant against proper acknowledgement.
The concerned Branch Manager is directed to encash
the said DD in favour of respondent Rahul Beniwal s/o late Sh.
Dharambir Singh.
At this stage, it is submitted by the parties that they
are willing to explore the possibility of settlement.
At request, the matter is referred to Mediation Cell,
Rohini Courts , Delhi on 07.10.2023 at 2 p.m.
Parties to appear before ld. Mediator, Rohini Courts,
Delhi on 07.10.2023 at 2 p .m.
Put up for report before this Court on 30.10.2023.
Copy of the order be given dasti.
BABRU BHAN
ADDL.SESSIONS JUDGE-03,
NORTH WEST DISTT,
ROHINI COURTS
DELHI/ 27.09.2023
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    Interim Order 1
    12 Jul 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Smt. Palvinder Kaur Vs. Rahul Baniwal
CA no.134/23
12.07.2023
Fresh criminal appeal received by way of assignment. It be
checked and registered.
Present: Sh.Sanjay Jindal, Ld. Addl. Public Prosecutor for
the State.
Sh.Sanjay Bhardwaj, Ld. counsel for the applicant
Present appeal is against the judgment dated
26.04.2023 and order on sentence dt.28.04.2023 whereby the
appellant has been convicted U/s. 138 N.I. Act. As per order on
sentence dated 28.04.2023, the appellant has been sentenced to to
pay fine / compensation for an amount of Rs.3,00,000/- to the
complainant and in default SI for 6 months.
Submissions on suspension of sentence heard.
Subject to deposit of 20% of the compensation amount
within two months from today as per the order on sentence dated
28.04.2023 and upon furnishing the personal bond in the sum of Rs.
25,000/- with one surety of the like amount, the order on sentence is
suspended till next date of hearing.
Issue notice of the present appeal as well as
application seeking condonation of delay to the respondent on filing
of PF for 27.09.2023. Copy of the order be given dasti.
BABRU BHAN
ADDL.SESSIONS JUDGE-03,
NORTH WEST DISTT,
ROHINI COURTS
DELHI/ 12.07.2023
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    Order 6
    20 Aug 2024
    Order Details: COPY OF ORDER
Pdf Text: CA 134/2023
PALVINDER KAUR
Vs.
RAHUL BANIWAL
20.08.2024
Present: Sh. Sanjay Bhardwaj, Ld. Counsel for the
appellant.
Sh. Rajesh Kumar Aggarwal and Sh. Avijit
Sharma, Ld. Counsel for the respondent.
Arguments heard.
Put up for orders on 19.09.2024.
(BABRU BHAN)
ASJ-03 (NORTH-WEST)
ROHINI COURTS
DELHI/20.08.2024
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    Order 5
    12 Aug 2024
    Order Details: COPY OF ORDER
Pdf Text: 14 CA 134/2023
PALVINDER KAUR Vs. RAHUL BANIWAL
12.08.2024
Present: Appellant present in person.
Sh. Rajesh Kumar Aggarwal and Sh.Avijit Sharma,
Ld. Counsels for respondent along-with respondent.
Appellant has sought adjournment on the ground
that his counsel is not available today.
At request, appeal be put up for arguments on
20.08.2024.
( BABRU BHAN)
ASJ-03, N/W, ROHINI COURTS
DELHI/12.08.2024
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    Order 4
    26 Feb 2024
    Order Details: COPY OF ORDER
Pdf Text: CA No.134/23
Palvinder Kaur Vs. Rahul Baniwal
26.02.2024
Present: Appellant in person.
Respondent with Ld. Counsel Avijit Singh.
An adjournment has been prayed by the appellant
on the ground of non-availability of her counsel.
Last and final opportunity is given for arguments.
Matter be renotified for arguments on 03.06.2024.
(BABRU BHAN)
ASJ-03 (NORTH-WEST)
ROHINI COURTS
DELHI/26.02.2024
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    Order 3
    11 Dec 2023
    Order Details: COPY OF ORDER
Pdf Text: CA No.134/23
Palvinder Kaur Vs. Rahul Baniwal
11.12.2023
Present: None for the appellant.
Ld. Counsel for the respondent.
Last opportunity is granted to the appellant to
appear for arguments on the present appeal, failing which the
Court shall proceed further in absence of the appellant.
Matter be reotified for 26.02.2024.
( BABRU BHAN)
ASJ-03 (NORTH-WEST)
ROHINI COURTS
DELHI/11.12.2023
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    Order 2
    27 Sept 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CA 134/2023
PALVINDER KAUR
Vs.
RAHUL BANIWAL
27.09.2023
Present: Appellant in person with counsel Sh. Sanjay
Bhardwaj.
Respondent with counsel Sh.Manoj Kumar, Fresh
vakalatnama filed. Same is taken on record.
20% of compensation amount deposited by the
appellant in form of DD no.002340 drawn on IDBI Bank , Om
Vihar Uttam Nagar, Delhi. The DD is issued in the name of the
Ld. Principal District and Sessions Judge, North West District,
Rohini Courts. Let the DD be released in favour of respondent/
complainant against proper acknowledgement.
The concerned Branch Manager is directed to encash
the said DD in favour of respondent Rahul Beniwal s/o late Sh.
Dharambir Singh.
At this stage, it is submitted by the parties that they
are willing to explore the possibility of settlement.
At request, the matter is referred to Mediation Cell,
Rohini Courts , Delhi on 07.10.2023 at 2 p.m.
Parties to appear before ld. Mediator, Rohini Courts,
Delhi on 07.10.2023 at 2 p .m.
Put up for report before this Court on 30.10.2023.
Copy of the order be given dasti.
BABRU BHAN
ADDL.SESSIONS JUDGE-03,
NORTH WEST DISTT,
ROHINI COURTS
DELHI/ 27.09.2023
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    Order 1
    12 Jul 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Smt. Palvinder Kaur Vs. Rahul Baniwal
CA no.134/23
12.07.2023
Fresh criminal appeal received by way of assignment. It be
checked and registered.
Present: Sh.Sanjay Jindal, Ld. Addl. Public Prosecutor for
the State.
Sh.Sanjay Bhardwaj, Ld. counsel for the applicant
Present appeal is against the judgment dated
26.04.2023 and order on sentence dt.28.04.2023 whereby the
appellant has been convicted U/s. 138 N.I. Act. As per order on
sentence dated 28.04.2023, the appellant has been sentenced to to
pay fine / compensation for an amount of Rs.3,00,000/- to the
complainant and in default SI for 6 months.
Submissions on suspension of sentence heard.
Subject to deposit of 20% of the compensation amount
within two months from today as per the order on sentence dated
28.04.2023 and upon furnishing the personal bond in the sum of Rs.
25,000/- with one surety of the like amount, the order on sentence is
suspended till next date of hearing.
Issue notice of the present appeal as well as
application seeking condonation of delay to the respondent on filing
of PF for 27.09.2023. Copy of the order be given dasti.
BABRU BHAN
ADDL.SESSIONS JUDGE-03,
NORTH WEST DISTT,
ROHINI COURTS
DELHI/ 12.07.2023
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