Kashyap Srivastava v. Sunil Kumar

$~59 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6322/2024 & CRL.M.A. 24173/2024 KASHYAP SRIVASTAVA .....Petitioner Through:

Mr. Vikas Verma & Mr. Mayank Choudhary, Advocates.

versus SUNIL KUMAR .....Respondent Through:

None.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 14.08.2024 CRL.M.As. 24171/2024, 24172/2024 (Exemptions) 1.

Allowed, subject to all just exceptions.

2.

The applications are disposed of.

CRL.M.C. 6322/2024 3.

The present Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the petitioner seeking to set aside the Order dated 21.05.2024 passed by the learned Additional Sessions Judge, South District, Saket Court, New Delhi in Criminal Appeal No. 149/2024, wherein the Application of the petitioner seeking to waive condition of 20% fine amount to be deposited while suspending the sentence of the petitioner while suspending the sentence of the petitioner imposed vide Order dated 20.04.2024, was dismissed.

4.

Learned counsel for the petitioner submits that the financial condition of the petitioner is not sound to deposit 20% of the fine amount which 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 20/08/2024 at 12:53:02

comes Rs. 15,40,000/-.

5.

Learned counsel for the petitioner has relied upon the rough receipts maintained by the respondent himself, disclosing the manner of payment returned/repaid by the petitioner to the respondent from time to time. 6.

The Order dated 20.04.2024 shows that learned Trial Court has considered all the facts while suspending the sentence of the petitioner, subject to deposit of 20% of the fine amount. 7.

In view of above, there is no infirmity in the impugned Order dated 21.05.2024. The present petition along with pending application is hereby dismissed.

NEENA BANSAL KRISHNA, J AUGUST 14, 2024 S.Sharma 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 20/08/2024 at 12:53:02