Order 1

Order Details: COPY OF ORDER
Pdf Text: CA 266/23
Kuldeep Gangwar v. Corporation Bank
22.09.2023
Present : Sh. Anil Kumar, Ld. Additional PP for the state.
Sh. Abdul Kalam, Ld. Counsel for the appellant.
Ld. Additional PP for the state accepts the notice of
the appeal.
This is an appeal against the judgment dated 05.06.2023
and order on sentence dated 26.07.2023 passed by Ld. Presiding
Officer, Special Court, South, Saket Courts, New Delhi thereby
convicting the appellant for the offence under Section 138 NI Act.
Appellant has been sentenced to pay compensation of Rs. 3,40,355/-
(Rupees Three Lakhs Forty Thousand Three Hundred and Fifty Five
only) as the total compensation to the complainant within a period of
six month to the complainant. In default of payment of the fine, he
shall suffer incarceration for a period of four months. Out of the said
amount 10% is payable to Delhi Legal Aid Services Authority, South.
Appellant has moved an application u/s 389 Cr.P.C. for
suspension of order on sentence and for grant of bail.
Submissions heard.
In view of the submissions made, application stands
allowed.
During the pendency of appeal, sentence awarded by the
Trial Court is suspended, however, subject to deposit of 20% of the
compensation amount before Ld. Trial Court in the form of FDR in
the name of The Principal District & Sessions Judge, South, within 60
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days as per Section 148 (2) of Negotiable Instruments Act. Appellant
is admitted to bail on furnishing bail bond in the sum of Rs. 10,000/-
with one sound surety in like amount to the satisfaction of the Ld.
Trial Court within one week from today.
Issue notice of appeal to the respondent on filing of
PF/RC and through all permissible modes within 3 working days from
today, returnable for 29.11.2023.
Copy of order be sent to Ld. Trial Court concerned.
Copy of order be given dasti to Ld. Counsel for
appellant.
(VISHAL PAHUJA)
ASJ (FTC)-02, SOUTH
SAKET COURTS, DELHI
22.09.2023
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