Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Alka Kaushal vs Gulshan Arora on 31 January, 2023

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~60

                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      CRL.REV.P. 85/2023 &CRL.M.(BAIL) 145/2023
                                 ALKA KAUSHAL                                     ..... Petitioner
                                                 Through: Mr. Madhav Khurana with Mr.
                                                            Nishaank Mattoo and Mr. Kartikeye
                                                            Dang, Advocates.
                                                 versus
                                 GULSHAN ARORA                                 ..... Respondent
                                                 Through: Mr. Vivek Sood, Senior Advocate
                                                            with Mr. Alok Kumar Pandey and
                                                            Ms. Muskaan Dewan, Advocates.
                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                 ORDER

% 31.01.2023 CRL.M.A. 2484/2023 Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. Application stands disposed-of.

By way of the present petition under section 397 read with sections 401 and 482 of the Code of Criminal Procedure 1973 ('Cr.P.C.'), the petitioner impugns order dated 21.01.2023 made by the learned Additional Sessions Judge in Crl. A. No. 136/2020, whereby judgment dated 06.10.2020 and sentencing order dated 28.10.2020 made by the learned Metropolitan Magistrate in C.C. No. 54753/2016 filed under section 138 of the Negotiable Instruments Act, 1881 ('NI Act'), has been upheld.

2. Mr. Madhav Khurana, learned counsel appearing for the petitioner has taken the court through the order in appeal, as also through the judgment of conviction and sentencing order made by the learned Metropolitan Magistrate.

3. Upon a prima-facie conspectus of the submissions made and upon a reading of the orders under challenge, issue notice.

4. Mr. Alok Kumar Pandey, learned counsel appearing on behalf of the respondent accepts notice; and seeks time to file reply.

5. Let reply to the petition be filed within 06 weeks; rejoinder thereto, if any, be filed within 04 weeks thereafter; with copies to the opposing counsel.

6. Re-notify on 09th May 2023.

7. The petitioner has been sentenced to simple imprisonment of 02 years alongwith fine of Rs.30 lacs. The amount of the subject cheque was Rs.15 lacs. The sentence was suspended by the learned Metropolitan Magistrate; and the suspension was subsequently continued by the learned appellate court.

8. The petitioner is a lady, with a special needs child, and is stated to be the only breadwinner in the family.

9. In view of the above, the sentence imposed upon the petitioner stands suspended during the pendency of the present petition subject to the petitioner depositing in the name of the Registrar General of this court a total sum of Rs.15 lacs, in two tranches of Rs.7.5 lacs each; the first of which shall be deposited within 30 days from today, and the second within 30 days thereafter.

10. The Registry is directed to re-list the matter in the event of any default in compliance of the deposit ordered.

11. For abundant clarity, the suspension of sentence shall take effect immediately.

12. The Registrar General is directed to retain the amount deposited as a fixed deposit in a nationalised bank, initially for a period of 06 months, to be renewed thereafter from time-to-time for a like term until the pendency of the matter, without awaiting further instructions in that behalf.

13. In the meanwhile, as requested on behalf learned counsel for the parties, they are referred to mediation before the Delhi High Court Mediation & Conciliation Centre, with a request to the learned Organizing Secretary to appoint an appropriate mediator in the matter.

14. Let the parties approach the Mediation Centre on Friday i.e. 03rd February 2023 at 02:30 p.m. for the purpose.

15. A copy of this order be sent to the learned Organizing Secretary of the Mediation Centre, for information and compliance.

16. Awaiting the outcome of mediation, list on 09th May 2023.

17. Let the Trial Court Record of the criminal complaint and the criminal appeal be requisitioned in electronic form, for the next date. Let copies thereof be supplied to learned counsel for the parties.

ANUP JAIRAM BHAMBHANI, J JANUARY 31, 2023 ds Signature Not Verified Digitally Signed CRL.REV.P. 85/2023 Page 3 of 3 By:NEERAJ Signing Date:02.02.2023 11:48:48