JUDGMENT

VIKAS MAHAJAN, J

CRL.M.(BAIL) 2099/2025

1. The captioned appeal has been preferred by the appellant seeking to impugn the judgment of conviction dated 25.09.2025 passed by the learned Special Judge (PC Act), in SC No. 02/2022, whereby the appellant was held guilty of the charge under Section 409 IPC and acquitted of charges under Sections 420, 468 and 471 IPC.

2. The present application under Section 430 BNSS (erstwhile Section 389 CrPC) seeks to suspend the order on sentence dated 09.10.2025 whereby the appellant was sentenced to undergo rigorous imprisonment for a period of 4 years and was further directed to pay a fine of Rs. 5,00,000/- of which Rs. 1,00,000/- was payable to the State and Rs. 4,00,000/- was directed to be paid as compensation to the complainant under Section 357A Cr.P.C and in default of payment of fine, to undergo simple imprisonment for six months.

3. The case of the prosecution in brief, as culled from the record, is that in early 2005 Mr. Aniljeet Singh (hereinafter “complainant”) and Mr. Sumeet Suri (hereinafter “appellant”) were running separate business firms namely, M/s Fashion Wears and M/s Anjanne Clothing Private Limited (hereinafter “ACPL”),