The petitioner, convicted under Section 138 of the N.I. Act seeking stay of sentence proceedings, applied to withdraw his petition. The court granted leave to withdraw, dismissed the petition as withdrawn, and directed the Sessions Court to decide the pending sentence issue within two weeks.
Leave to withdraw the petition is granted; petition dismissed as withdrawn.
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$~83 & 84
PREM CHAND .....Petitioner Through: Ms. Sonal Singh and Mr. Gaurav Kumar, Advocates.
versus
NISHA .....Respondent Through: Mr. Naman Raj Thakur, Advocate
AND
CRL.M.C. 7766/2024, CRL.M.A. 29651/2024 PREM CHAND .....Petitioner Through: Ms. Sonal Singh and Mr. Gaurav Kumar, Advocates.
versus
NISHA .....Respondent Through: Mr. Naman Raj Thakur, Advocate
CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R
% 03.10.2024
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sentence dated 31.03.2022 he was sentenced to undergo SI for 5 months with a fine of Rs.20 lacs to be paid to the complainant within 3 months from the date of the order and in default thereof, to further undergo SI for 5 months. Petitioner’s challenge to the conviction, vide Appeal No. 433/2024, came to be dismissed on 09.01.2024. Concededly, the proceedings are still pending before the Sessions Court insofar as petitioner’s sentence is concerned. It is also informed that the complainant had also sought enhancement of sentence by way of Crl. Rev.P. 80/2022 which is also pending consideration before the Sessions Court. The petitioner, however, in between, has approached this Court by way of Crl. Rev.P. 433/2024 seeking suspension of sentence. The Predecessor bench of this Court vide order dated 02.04.2024, while recording the petitioner’s submissions noted that a sum of Rs.4 lacs was already deposited with the Trial Court and on the basis of the petitioner’s undertaking that further a sum of Rs.8 lacs would be deposited within 15 days, the petitioner’s sentence was suspended on the terms and conditions stated therein. The said order came to be challenged in SLP (Crl.) No. 5788/2024, which was dismissed by granting further 4 weeks time to the petitioner.
Ld. counsel for the petitioner submits that a sum of Rs.8 lacs now stands deposited with the learned Trial Court. The present proceedings seeking stay of the proceedings before the Sessions Court on the ground that by way of present petition, the petitioner’s challenge to the judgment of conviction passed by learned Judicial Magistrate and the impugned judgment is pending consideration before this Court, is completely misplaced. The petitioner, in fact, seeks to derail the further proceedings pending before the Session Court wherein petitioner’s sentence is under
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consideration.
MANOJ KUMAR OHRI, J
OCTOBER 3, 2024 ga
This is a digitally signed order.
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1 issue framed by the court
Whether leave to withdraw a petition seeking stay of proceedings in a pending revision concerning sentence enhancement is granted
Prem Chand
Nisha
Manoj Kumar Ohri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
