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HIGH COURT OF DELHI
CRL.M.C. 1414/2022
M/S SHAKUMBHARI STRAW PRODUCTS LTD & ANR. ..... Petitioners
Through: Mr.Ravinder Kumar, Advocate (through VC)
Through: Ms.Poonam Atey, advocate
Date of Decision: 04.05.2023
JUDGMENT
1. Present petition has been moved challenging the order dated 22.02.2022 whereby learned Addl. Sessions Judge after taking into account the purport of Section 148 of the Negotiable Instruments Act inter alia held as under:
2. Learned counsel for the petitioner submits that earlier while suspending the sentence on 06.07.2021, learned ASJ had taken into account the arguments made by the petitioner that the interest of complainant/respondent was protected as some of the properties of the petitioners were already mortgaged with complainant/respondent and after considering these submissions, the sentence was suspended. He submits that therefore the order dated 22.02.2022 passed under Section 148 N.I.Act and the direction to deposit 20% of the sum of the fine amounts to review of an order that is not permissible under the law. Learned counsel submits that the order dated 22.02.022 is erroneous in law and is liable to be set aside.
3. Learned counsel for the respondent has submitted that the impugned order cannot be termed as a review of the earlier order dated 06.07.2021 as alleged by the petitioner. She submits that both the orders dated 06.07.2021 and 22.02.2022 are independent and the contents of the section 148 N.I.Act were never discussed in the application while suspending the sentence thus the impugned order cannot be termed as recall/alteration/modification of order dated 06.07.2021 by the impugned order.
4. I have heard the submission of both parties and perused the material on record.
5. I consider that the argument of the learned counsel for the petitioner is liable to be rejected. The order dated 06.07.2021 does not speak about Section 148 N.I.Act at all. In fact, no such plea was even raised at that time of suspending the sentence. Learned ASJ in the subsequent order dated 22.02.2022 has passed a reasoned order inter alia stating that the order under Section 148 N.I.Act can be passed even after the suspension of the sentence. In this regard reliance has been placed upon the judgment of the Hon’ble Supreme Court in Surender Singh Deswal v. Virender Gandhi, 1019 (11) SCC 341 and judgment passed on 22.06.2022 passed by the Himachal Pradesh High Court, Shimla in Cr.MMO No. 14 of 2016 titled as Lalit Kaushal & Anr.V. Yadvinder Kaushal.
6. Taking into account the totality of facts and circumstances, I do not find any illegality or perversity in the impugned order dated 22.02.2022. The petition is accordingly dismissed.
DINESH KUMAR SHARMA, J MAY 4, 2023 rb..