Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CA No. 32/2024
Alok Setia vs. Amit Khera
Video Conferencing Link of the Court is functional.
19.02.2024
Fresh appeal received by way of transfer vide order dated
19.02.2024 of Ld. Principal District & Sessions Judge, Shahdara
District. It be checked & registered.
Present: Shri Aashish Kumar Singh & Shri Vikas Giri, Ld.
Counsels for Appellant.
Appellant in person.
Facts and circumstances leading to the present appeal
are that pursuant to the complaint filed by the complainant u/s 138
NI Act, Ld. Trial Court convicted the accused Alok Setia vide
judgment dated 12.01.2024 and sentenced him to undergo simple
imprisonment for four months and to pay a compensation amount of
Rs. 2,25,000/- to complainant vide order dated 19.01.2024 and the
appellant Alok Setia has moved the present appeal challenging the
abovesaid judgment and order on point of sentence.
Considering the submissions made in the present appeal
and facts and circumstances of the case, the operation of order on
sentence dated 19.01.2024 of Ld. Trial Court is stayed till further
orders or disposal of the present appeal before this Court, whichever
is earlier.
Appellant is admitted to bail subject to furnishing bail
bond in the sum of Rs. 10,000/- with one surety of like amount. Bail
Bond furnished and accepted.
It is submitted by Ld. Counsel for appellant that
appellant has deposited one FDR of Rs. 01 lac in the name of
complainant in the civil suit which has been filed by the complainant
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for recovery of money. It is, therefore, requested that no order of
deposit of FDR be passed against the appellant.
Submissions considered.
Taking note of deposit of one FDR in the sum of Rs. 01
lac by appellant before the competent Civil Court, no order of
deposit of FDR in the present case in terms of Sec. 148 N.I. Act is
being made.
Notice of appeal be issued to respondent through all
permissible modes, on filing of PF, RC and copies etc. within two
weeks from today, returnable for 09.04.2024.
TCR be called by next date of hearing.
Copy of this order be given dasti to Ld. Counsel for
appellant, as prayed.
(ARVIND BANSAL)
Addl. Sessions Judge -05 (Shahdara)
Karkardooma Courts, Delhi/19.02.2024
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