Full Order Text
Order 1 · 19 Jul 2023 · CNR DLST010062342023
Order Details: COPY OF ORDER Pdf Text: 2 CA 181/2023 SIMLA YOUNG FOOTBALL PVT LTD Vs.SRM GLOBAL TRAVELS P.S. Greater Kailash Pr: Mr. Surender Anand, Ld. counsel for appellant. This is an appeal against the Judgment dated 25.02.2023 and order on sentence dated 31.03.2023 passed by Ld. MM- 02/NI Act/South/Saket Courts, New Delhi thereby convicting the appellants for the offence under Section 138 NI Act. Appellants have been sentenced to pay a fine of Rs.8,42,000/- conjointly, to be paid to the complainant as compensation, and in default of payment of the fine, appellant/convict no.2 shall undergo sentence of six months simple imprisonment. Present appeal is also supported alongwith an application under Section 5 of the Limitation Act. Heard. In view of the grounds taken in the said application, same is allowed. Accordingly, delay in filing the present appeal is condoned. An application was filed on behalf of appellant on 11.07.2023 for suspension of sentence awarded to the appellant no.2 vide order on sentence dated 31.03.2023 of Ld. M.M. Heard. Application allowed. During the pendency of appeal, sentence awarded by the Trial Court is suspended. Appellant no.2 is admitted to bail on furnishing bail bond and personal bond in the sum of Rs. 50,000/- each within 7 working days from today to the -- 1 of 2 -- satisfaction of the Ld. Trial Court, however, subject to deposit of 20% of the compensation amount/fine amount before Ld. Trial court within 60 days as per Section 148 (2) of Negotiable Instrument Act. Issue notice of appeal to the respondent on filing PF/RC through all possible/approved modes, returnable for 01.09.2023. TCR be also requisitioned prior to 3 days of next date of hearing. Copy of Order be sent to the court concerned. Copy of order be given dasti to ld counsel for appellant. (Sanjeev Kumar Singh) Addl. Sessions Judge-03(South) Saket Courts/New Delhi/19.07.2023/(rk) -- 2 of 2 --
