% 04.04.2025

1. This hearing has been done through hybrid mode.

CRL.M.A. 10230/2025 (Exemption)

2. Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.A. 10232/2025 (Delay 34 days re-filing)

3. The present application under Section 528 of the BNSS seeks condonation of delay of 34 days in re-filing the present petition.

4. In view of the averments made in the application and in the interest of justice, the same is allowed.

5. Delay of 34 days in re-filing the present petition is condoned.

CRL.REV.P.(NI) 97/2025, CRL.M.A. 10231/2025 (Add.Documents) & CRL.M.(BAIL) 743/2025

6. The present petition under Section 438 read with Sections 442/528 of

the BNSS seeks the following prayers:

"a) Quash/Set aside the impugned Order dated 08/01/2025 passed by Ld ASJ in criminal appeal no. 54/2024 against Order dated 12.01.2024 and 31.01.2024 passed by Ld. Court of Mr. Rishabh Kapoor, Ld. MM (North-West), Rohini New Delhi, in case no. 6307/2017, P.S. Mangolpuri U/S 138 NI Act and acquit the Petitioner.

b) Quash the criminal complaint no. 6307/2017, P.S. Mangolpuri U/S 138 NI Act filed by the respondent No.2 against the petitioner. c) Any other/further instructions and directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also kindly be passed in favour of the petitioner."

7. By way of present petition, the petitioner challenges the impugned judgment dated 08.01.2025, passed by learned ASJ-03, North-West District, Rohini Court, Delhi in Criminal Appeal no. 54/2024. Vide the impugned judgment, the learned ASJ dismissed the appeal preferred on behalf of the petitioner against the judgment of conviction dated 12.01.2024 and order on sentence dated 31.01.2024, passed by the learned Metropolitan Magistrate, wherein the petitioner has been convicted under Section 138 of the Negotiable Instruments Act and has been sentenced to undergo simple imprisonment of 4 months along with fine of Rs. 6,50,000/- to be paid within 2 months and in default of payment of fine, further simple imprisonment for 3 months.

8. It is pointed out that a sum of Rs. 1,30,000/- has been deposited before the learned Appellate Court at the time of admission of the appeal.

9. Issue notice.

10. Learned APP for the State accepts notice.

11. On the petitioner taking necessary steps, issue notice to respondent no. 2 through all permissible modes, including electronic mail, if any, returnable on 15.05.2025.

12. In the meantime, on the petitioner depositing further sum of Rs. 2,00,000/- before the learned Trial Court within 15 days, the order on sentence shall remain suspended till the next date of hearing.

13. The Registry is directed to requisition the trial Court Record before the next date of hearing.

14. Order be sent to the concerned Trial Court for necessary information and compliance.

15. Order be uploaded on the website of this Court forthwith.

AMIT SHARMA, J

APRIL 4, 2025/bsr/pr

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