Mr. S.Feroz Khan, Mr. Devendra Kumar and Mr. Abhishaik Madhukar, Advocates v. THE STATE NCT OF DELHI AND ANR

CRL.M.C. 7072/2025 and connected matters Page 1 of 6 $~73 to 76 * IN THE HIGH COURT OF DELHI AT NEW DELHI73 + CRL.M.C. 7072/2025 & CRL.M.A. 29678/2025, CRL.M.(BAIL) 2030/2025 M/S SELVALATHA INDUSTRIES AND ANR .....Petitioners Through: Mr. S.Feroz Khan, Mr. Devendra Kumar and Mr. Abhishaik Madhukar, Advocates. versus THE STATE NCT OF DELHI AND ANR. .....Respondents Through: Mr. Raghuvinder Varma, APP for the State. Mr. Ranbir Singh Kundu, Mr. Rishi Kapoor, Mr. Azad Bansal and Mr. Chaitanya Mehra, Advocates for R-2. 74 + CRL.M.C. 7073/2025 & CRL.M.A. 29679/2025, CRL.M.(BAIL) 2031/2025 M/S SELVALATHA INDUSTRIES AND ANR .....Petitioners Through: Mr. S.Feroz Khan, Mr. Devendra Kumar and Mr. Abhishaik Madhukar, Advocates. versus THE STATE OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Raghuvinder Varma, APP for the State. Mr. Ranbir Singh Kundu, Mr. Rishi Kapoor, Mr. Azad Bansal and Mr. This is a digitally signed order. 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 25/10/2025 at 11:33:31 CRL.M.C. 7072/2025 and connected matters Page 2 of 6 Chaitanya Mehra, Advocates for R-2. 75 + CRL.M.C. 7075/2025 & CRL.M.A. 29681/2025, CRL.M.(BAIL) 2032/2025 M/S SELVALATHA INDUSTRIES AND ANR .....Petitioners Through: Mr. S.Feroz Khan, Mr. Devendra Kumar and Mr. Abhishaik Madhukar, Advocates. versus THE STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Raghuvinder Varma, APP for the State. Mr. Ranbir Singh Kundu, Mr. Rishi Kapoor, Mr. Azad Bansal and Mr. Chaitanya Mehra, Advocates for R-2. 76 + CRL.M.C. 7175/2025 & CRL.M.A. 30162/2025, CRL.M.(BAIL) 2065/2025 M/S SELVALATHA INDUSTRIES AND ANR .....Petitioners Through: Mr. S.Feroz Khan, Mr. Devendra Kumar and Mr. Abhishaik Madhukar, Advocates. versus THE STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Raghuvinder Varma, APP for the State. Mr. Ranbir Singh Kundu, Mr. Rishi Kapoor, Mr. This is a digitally signed order. 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 25/10/2025 at 11:33:31 CRL.M.C. 7072/2025 and connected matters Page 3 of 6 Azad Bansal and Mr. Chaitanya Mehra, Advocates for R-2. CORAM:HON'BLE MR. JUSTICE AMIT MAHAJANO R D E R% 17.10.20251.The present petitions are filed challenging the separate orders dated 27.08.2024 (hereafter ‘impugned orders’), in CA Nos. 147/2022, 146/2022, 87/2022 and 86/2022 respectively, whereby the learned Appellate Court had dismissed the petitioners’ appeals against their conviction for the offence under Section 138 of the Negotiable Instruments Act, 1881 as well as sentence in the respective complaints on the ground of non-prosecution. The appeals were filed against the following orders: a.In CC No. 535527/2016, the petitioners were convicted by judgment dated 08.04.2022 passed by the learned Magistrate, and by order on sentence dated 23.04.2022, a fine of ₹23,00,000/- was imposed alongwith rigorous imprisonment for a period of six months. In default of payment of fine within 30 days, Petitioner No. 2 was further directed to undergo simple imprisonment for a period of four months. b.In CC No. 535528/2016, the petitioners were convicted by judgment dated 08.04.2022 and by order on sentence dated 23.04.2022, a fine of ₹15,00,000/- was imposed alongwith rigorous imprisonment for a period of six months. In default of payment of fine within 30 days, Petitioner No. 2 was further directed to undergo simple imprisonment for a This is a digitally signed order. 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 25/10/2025 at 11:33:31 CRL.M.C. 7072/2025 and connected matters Page 4 of 6 period of four months. c.In CC No. 513288/2016, the petitioners were convicted by judgment dated 08.06.2022 and by order on sentence dated 28.06.2022, a fine of ₹53,40,000/- was imposed alongwith simple imprisonment for a period of six months. In default of payment of fine within 30 days, Petitioner No.2 was further directed to undergo simple imprisonment for a period of three months. d.In CC No. 513287/2016, the petitioners were convicted by judgment dated 08.06.2022 and by order on sentence dated 28.06.2022, a fine of ₹53,00,000/- was imposed alongwith simple imprisonment for a period of six months. In default of payment of fine within 30 days, Petitioner No. 2 was further directed to undergo simple imprisonment for a period of three months. 2.As recorded in the order dated 10.10.2025, the petitioners, in order to show their bona fides, sought time to deposit 20% of the fine amount in all the cases. 3.It is pointed out that 20% of the total fine amount in all the four cases i.e., ₹28,88,000/- has already been deposited with the learned Registrar General of this Court. 4.The learned counsel for the petitioners submits that the said amount can be released in favour of the complainants, on their filing an undertaking in the form of an affidavit that if the petitioners succeed, the said amount would be refunded with simple interest @ 6% per annum. 5. The learned counsel for the complainant, on instructions, fairly states that he has no objection if the appeals are restored to This is a digitally signed order. 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 25/10/2025 at 11:33:31 CRL.M.C. 7072/2025 and connected matters Page 5 of 6 its original numbers and the Appellate Court is directed to decide the appeals expeditiously. 6.Considering the above, the present petitions are allowed and the impugned orders dated 27.08.2024 in all the four appeals are set aside and the appeals filed by the petitioners are restored to its original number as obtaining on 27.08.2024. 7.Since 20% of the fine amount has already been deposited and the respondent is not objecting to the petitioners being granted an opportunity of being heard, the separate orders on sentence dated 23.04.2022 in CC No. 535527/2016 and CC No. 535528/2016 respectively, and the separate orders on sentence dated 28.06.2022 in CC No. 513287/2016 and CC No. 513288/2016 respectively, are suspended till further orders passed by the learned Appellate Court. 8.In view of the above, Petitioner No. 2 is directed to be released on his furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the learned Executing Court (Judicial Magistrate First Class, NI Act-05, Tis Hazari Court, Delhi), on the following conditions: a.Petitioner No.2 shall provide the address where he would be residing and shall not change the address without informing the learned Executing Court; b.Petitioner No.2 shall under no circumstance leave the country without the permission of the learned Executing Court; c.Petitioner No.2 shall give his mobile number to the learned Executing Court and shall keep his mobile phone switched on at all times. This is a digitally signed order. 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 25/10/2025 at 11:33:31 CRL.M.C. 7072/2025 and connected matters Page 6 of 6 d.Petitioner No.2 shall appear before the learned Appellate Court as and when directed. 9.The amount lying deposited with the learned Registrar General of this Court in the present petitions is directed to be released in favour of the complainant after verification of its identity and on filing the abovesaid undertaking in the form of an affidavit. 10.The parties are directed to appear before the concerned Appellate Court on 06.11.2025. 11.The learned Appellate Court is requested to adjudicate the appeals expeditiously without giving any unwarranted adjournments to any of the parties. 12.A copy of this order be communicated to the concerned Principal District and Sessions Judge for compliance and listing before the concerned Appellate Court on 06.11.2025. 13.The present petitions stand disposed of with the aforesaid directions. Pending applications also stand disposed of. 14.A copy of this order be placed in all the matters. AMIT MAHAJAN, JOCTOBER 17, 2025 DU