Raghuvinder Singh v. State (Govt Of NCT Of Delhi) & ANR.

$~63 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5688/2025, CRL.M.A. 24360-24361/2025 RAGHUVINDER SINGH .....Petitioner Through:

Mr. Ramesh Gupta, Senior Advocate with Mr. B. Badrinath, Mr. Dhruv Bhardwaj, Advocates versus STATE (GOVT OF NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Hemant Mehla, APP for the State with SI Yogesh Poonia, PS Rajinder Nagar, Delhi Mr. Anuj Arora, Advocate for R-2

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 19.08.2025 1.

The Petitioner was convicted for an offence under Section 138 of the Negotiable Instruments Act, 1881, by judgment dated 28th April, 2025, passed by the Judicial Magistrate First Class (NI Act)-07, Central, Delhi. Pursuant thereto, by order on sentence dated 21st May 2025, the Magistrate sentenced the Petitioner to simple imprisonment for a period of five months and further directed him to pay a compensation of INR 3,00,00,000/- to the Complainant.

2.

In the appeal preferred by him under Section 415 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging his conviction and sentence, an application was moved seeking suspension of sentence during the pendency of the appeal. By order dated 1st July, 2025, the Appellate Court stayed the operation of the order of sentence, subject to Petitioner depositing 20% of the fine amount in the form of a fixed deposit in the name of the Trial Court within a period of two weeks from the said date. However, the Petitioner 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 20/08/2025 at 12:14:46

was unable to comply with the said condition within the stipulated time, and filed an application seeking waiver of the said condition. The Appellate Court, however, rejected the said application by order dated 24th July, 2025, which has been assailed through the present petition. 3.

The Court has heard Mr. Ramesh Gupta, Senior Counsel for the Petitioner, as well as Mr. Anuj Arora, counsel for Respondent No. 2. Mr. Gupta submits that the Petitioner is only seeking an indulgence from this Court for grant of some time to comply with the condition regarding deposit of the fine amount. He undertakes, on instructions, that a sum of INR 25,00,000/- shall be deposited within a period of two days from today, and the balance amount shall be deposited on or before 30th September, 2025. 4.

The aforenoted statement is taken on record and the Petitioner shall be bound by the same. In view of the above, the order of suspension of sentence dated 1st July, 2025, shall continue to operate, provided that the Petitioner complies to his undertaking.

5.

With the above directions, without expressing any opinion on the merits of the case, the present petition is disposed of along with pending application(s).

6.

Needless to state that in case the Petitioner fails to adhere to the undertaking given to the Court, the suspension of sentence shall automatically stand vacated.

7.

Dasti.

SANJEEV NARULA, J AUGUST 19, 2025/ab 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 20/08/2025 at 12:14:46