Order 11

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CNR No. DLSH01-005859-2024
11 CA 213/2024
RAMESH CHAND Vs. SANDEEP AGGARWAL
PS (G.T.B. Enclave)
11.08.2026
Present: Mr. Neeraj Bhagat, Ld. Counsel for appellant.
Mr. Mahendra Kumar, Ld. Counsel for respondent.
An application for cancellation of NBWs has been moved on behalf of the
appellant on the ground that the has already undergone imprisonment for three months
which was award in default of payment of fine.
Arguments have been heard. Material on record perused. Submission
considered.
Perusal of record shows that the application is wholly misconceived as
vide order dt. 05.05.2026, it has been already recorded that the deposit of 20 per cent of
the compensation amount was a pre-condition for suspension of sentence which the
appellant has failed to comply. Thus, there is no stay on his conviction and no
suspension of the substantive sentence which is in effect as of now.
Therefore, the application is dismissed being devoid of merits.
NBWs issued against the appellant received back unexecuted on the
ground that the son of the appellant was met at the given address who stated that it is not
known where the appellant was. It seems that the appellant is continuously avoiding
service. Therefore, process u/s 82 Cr. P. C. be issued against the appellant for the
NDOH.
Surety Sita is absent despite service. Therefore, warrants of attachment be
issued in respect of the surety for the NDOH.
Be put up for report/further proceedings on 14.10.2026.
(Dr. Sumedh Kumar Sethi)
ASJ-05/SHD/KKD Courts
Delhi/11.08.2026
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