SUMEET SURI Vs. STATE

JUDGEMENT

(1.) The captioned appeal has been preferred by the appellant seeking to impugn the judgment of conviction dtd. 25/9/2025 passed by the learned Special Judge (PC Act), in SC No. 02/2022, whereby the appellant was held guilty of the charge under Sec. 409 IPC and acquitted of charges under Ss. 420, 468 and 471 IPC.

(2.) The present application under Sec. 430 BNSS (erstwhile Sec. 389 CrPC) seeks to suspend the order on sentence dtd. 9/10/2025 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.5,00,000.00 of which Rs.1,00,000.00 was payable to the State and Rs.4,00,000.00 was directed to be paid as compensation to the complainant under Sec. 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"), respectively. Consequently, on 1/4/2005 the complainant and the appellant joined hands to form another company namely, M/s Ivory Clothing Private Limited (hereinafter "ICPL").