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High Court of DelhiCRL.A./631/2003

R.K.Goel v. Asha Gupta

2024-03-21Hon'Ble Mr. Justice Amit Sharma2 pages

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 631/2003 R.K.GOEL ..... Appellant Through:

Mr. Bharat Gupta, Advocate.

versus ASHA GUPTA ..... Respondent Through:

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 21.03.2024 1.

The appeal filed under Section 374 of the Code of Criminal Procedure challenges the judgment and order on sentence dated 21.08.2003 passed by learned Additional Sessions Judge, Delhi whereby the present appellant was convicted for offences punishable under Sections 138/147 of Negotiable Instruments Act and was sentenced to undergo simple imprisonment for one year and a payment of fine of Rs.28,500/-.

2.

Learned counsel appearing on behalf of the appellant submits that the latter does not wish to press the appeal with respect to the judgment of conviction and submits that the order of sentence may be modified to the extent of payment of fine.

3.

It is pointed out that the amount of fine Rs.28,500/- was paid by the appellant before the learned Trial Court on 25th September, 2003 which is reflected in the Trial Court Record.

4.

It is further submitted that in a civil suit filed by the respondent, the appellant in pursuance of the execution has paid Rs.4,05,000/-. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2024 at 11:33:59

5.

It is further stated that the aforesaid fine amount has since been released to the respondent.

6.

In view of the above the order of sentence dated 21.08.2003 is modified to the extent that the simple imprisonment of 1 year is set aside and the appellant's sentence for payment of fine Rs.28,500/- is maintained. 7.

The appeal is partly allowed with the cost and terms. 8.

Bail bonds if any, be discharged.

AMIT SHARMA, J MARCH 21, 2024/K The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2024 at 11:33:59