SHRI ANIL ARVIND BHAI VAIWALA vs STATE OF NCT OF DELHI & ANR.

Judgment text excerpt

$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered on 12.02.2025 + CRL.M.C. 7886/2024 & CRL.M.A. 30078/2024 SHRI ANIL ARVIND BHAI VAIWALA .....Petitioner Through: Mr. V.K. Anand and Mr. Vibhor Anand, Advs. versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Ms. Kiran Bairwa, APP for State Mr. Anshuman, Mr. Kunal Bawa and Mr. Jatin Kalra, Advs. for R-2 CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN JUDGMENT VIKAS MAHAJAN, J (ORAL) 1. The present petition has been filed impugning the orders dated 01.07.2024 and 07.09.2024, passed by the learned ASJ (SFTC), Dwarka Courts in CRL. A. 1993/2024 titled as ‘Sh. Anil Arvind Bhai Vaiwala vs. State of NCT of Delhi’. 2. The learned Metropolitan Magistrate had convicted the petitioner for the offence under section 138 of NI Act vide judgment dated 12.02.2024. Later, vide order dated 16.05.2024, the petitioner was sentenced to undergo SI for six months and further sentenced to fine of Rs. 17,00,000/- and in default, further sentence of one month. 3. The present petitioner had preferred an appeal against his conviction Signature Not Verified Digitally Signed By:NARENDRA SINGH CRL.M.C. 7886/2024 Page 1 of 6 ASWAL Signing Date:19.02.2025 16:30:51 and sentence under Section 138 of NI Act. 4. The learned ASJ, in appeal, while suspending the sentence of the petitioner under Section 389 CrPC vide order dated 01.07.2024 had directed the appellant to deposit an amount of 20% of the total compensation amount awarded by the learned Trial Court within 60 days from the date of said order and the petitioner/accused was admitted to bail subject to his furnishing bail bond in the sum of Rs.20,000/- with one surety in the like amount. 5. As the petitioner/appellant failed to deposit 20% of compensation amount in compliance of afore