Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CA No. 223/2024
Puran Chand Vs. Sonu
28.09.2024
Fresh Criminal Appeal received by way of
assignment. It be checked and registered.
Present:- Ms. Mohini, Ld. Counsel for the appellant along
with appellant.
Respondent in person.
It is submitted by Ld. Counsel for the appellant that
the present appeal has been filed against the judgment dated
24.08.2024 and order on sentence dated 28.08.2024 u/s 138 NI
Act passed by Ld. JMFC, Shahdara vide which
accused/appellant was convicted to undergo SI for a period of 9
months and he was directed to pay fine of Rs. 2,55,289/-, to the
complainant within 30 days and in default SI for 1 month.
An application has been filed on behalf of
appellant/convict u/s 430 BNSS for suspension of sentence and
grant of bail. It is submitted by Ld. counsel that the
convict/appellant has good prima facie case and appeal will take
time and appellant has clean antecedents and he is only bread
earner of his family and there is no case pending against him and
he belongs to poor family and he remained on bail till
28.09.2024.
It is further submitted that the matter has been
amicably settled between the parties and the
respondent/complainant has also appeared and submits that both
have agreed that appellant shall pay Rs. 1 lac by 30.09.2024 and
the remaining amount shall be paid by December, 2024.
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Copy of the appeal along with documents supplied
to the respondent. There is no need to issue formal notice to the
respondent.
Heard. Perused.
The appellant was granted bail by the Ld. Trial
Court after conviction till 28.09.2024 and he had remained on
bail prior to that during the trial and he has not misused the
liberty. The trial will take considerable time.
Considering the same, the sentence of the appellant
passed vide order dated 28.08.2024 by Ld. JMFC, Shahdara is
suspended till the pendency of appeal and he is admitted to bail
on furnishing the personal bond in the sum of Rs. 30,000/- with
one surety of like amount on the condition that he will appear
regularly in the Court during appeal.
The appellant/convict submits that he has not
brought the surety today. He is directed to furnish the personal
bond in the sum of Rs. 30,000/- with direction to furnish surety
within a week. Personal bond accepted for a week.
Put up for further consideration on 09.12.2024.
Copy Dasti to the appellant.
(Kumar Rajat)
ASJ-07/SHD/KKD Courts/Delhi
28.09.2024
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