Concept Capital Infra Projects Pvt. Ltd vs. Parveen Guraya

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

Criminal Appeal No(s). 2087/2023 (Arising out of SLP(Crl.) No.5143/2023)

M/S CONCEPT CAPITAL INFRA PROJECTS PVT. LTD Appellant(s)

VERSUS

PARVEEN GURAYA & ANR.

Respondent(s)

O R D E R

Leave granted.

The 2^nd respondent is not a necessary party to this The $1^st$ respondent is not represented though appeal. served with notice.

The 1^st respondent filed a complaint under Section 138 of the Negotiable Instruments Act, 1881¹ against the appellant and the $2^nd$ respondent. The complaint ended in conviction of both the accused including the present appellant.

An appeal was preferred by the appellant against the of conviction in which order $an$ application $\mathbf{f}$ or suspension of sentence under Section 389 of the Code of ure Not Verified Ciminal Procedure, 1973² was made. $\frac{\text{arwar}}{\text{arwar}}$

<span id="page-0-1"></span><span id="page-0-0"></span>The Sessions Court allowed the application by the

order dated 14th December, 2022 subject to the appellant depositing 20% of the compensation amount within 60 days. The appellant challenged the said order by approaching the High Court. Only modification made by the High Court was by grant of extension of time to the appellant to pay 20% of the compensation by 10.03.2023. Thereafter, by an order dated 13th March, 2023, the Sessions Court vacated the earlier order of suspension of sentence on the ground of non-deposit of 20% amount.

By the impugned order, the High Court dismissed the petition filed by the appellant for challenging the order by which the condition of deposit of 20% was imposed.

In terms of the order of this Court dated 04.05.2023, the learned counsel appearing for the appellant pointed out that the appellant has deposited the sum of Rs.3,43,300/- with the Sessions Court at Chandigarh which represents 20% of the amount of the compensation directed to be paid by the Trial Court. The appellant has deposited a sum of Rs.25,000/- in this Court towards the costs.

Now that the appellant has deposited 20% of the amount as directed by the Sessions Court, the order of suspension of sentence as far as the appellant is

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concerned, will continue to operate till disposal of the appeal against conviction.

Needless to add that the Sessions Court will invest the amount deposited by the appellant in the interest bearing fixed deposit with auto renewal facility. The deposit will be subject to final outcome of appeal.

With the above direction, the appeal is allowed.

The sum of Rs.25,000/- deposited by the appellant shall be transferred in the account of the Supreme Court Mediation Centre.

………………………………J. [ABHAY S. OKA]

..……………………J. [SANJAY KAROL]

New Delhi July 25,2023 ITEM NO.25 COURT NO.11 SECTION II-B

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Criminal Appeal No(s). 2087/2023 Petition(s) for Special Leave to Appeal (Crl.) No(s). 5143/2023 (Arising out of impugned final judgment and order dated 29-03-2023 in CRMM No. 15794/2023 passed by the High Court of Punjab & Haryana at Chandigarh)

M/S CONCEPT CAPITAL INFRA PROJECTS PVT. LTD Appellant(s)

VERSUS

PARVEEN GURAYA & ANR. Respondent(s)

( IA No.82969/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.82970/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )

Date : 25-07-2023 This appeal was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE SANJAY KAROL

For Appellant(s)	Mr. Sidharth Agarwal, Sr. Adv.
	Mr. Asim Naeem, Adv.
	Mr. Imran Ali, Adv.
	Mr. Saurabh Soni, Adv.
	Ms. Cherry Gupta, Adv.
	Mr. Manish Saxena, Adv.
	Mr. Vedant Sharma, Adv.
	Mr. Muzakkir Zama Khan, Adv.
	Ms. Cherry Gupta, Adv.
	Ms. Dhriti Chhabra, Adv.
	Mr. Rajan Narain, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeals is allowed of in terms of the signed order. Pending applications, if any, also stand disposed of.

(INDU MARWAH) (AVGV RAMU) COURT MASTER (SH) COURT MASTER(NSH) (signed order is placed on the file)