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2025 Supreme(Online)(SC) 1509

SUPREME COURT OF INDIA
BIR SINGH – Appellant
Versus
MUKESH KUMAR – Respondent


O R D E R

1. Although the judgment and order dated 06th February, 2019 passed by a Coordinate Bench of this Court of disposal of Criminal Appeal Nos.230-231/2019 Signature Not Verified Digitally signed by rashmai dhlytanei parnted the sentence of imprisonment imposed by the trial court, without Date: 2025.01.03

17:02:52 IST Reason:

interfering with the conviction recorded under Section 138 of the Negotiable Instruments Act, 1881 by requiring the accused to pay fine to the complainant in a sum of Rs.16 lakh within eight weeks from date, failing which the sentence of imprisonment of one year would revive, the accused for the last almost six years has been successful in not only not paying the fine amount of Rs.16 lakh but is also successful in evading arrest and being taken into custody. Such conduct of the accused is indeed serious and calls for appropriate order being passed, as prayed in this miscellaneous application by the complainant.

2. Learned counsel for the accused has produced today a demand draft favoring the complainant for a sum of Rs.16 lakh. Such draft upon being tendered is accepted by the complainant’s learned counsel. The draft may be encashed by the complainant.

3. We

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