Interim Order 12

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 4 CC NI ACT 4099/2023 ASHWANI AHUJA Vs. SHOPZO BRAND PVT. LTD.
23.02.2026
Present: Sh. Nischal Khanna, Ld. Counsel for the complainant alongwith complainant
(through VC).
Ld. Counsel for the accused no. 2 alongwith accused no. 2.
Accused no. 3 is absent.
Matter is fixed for process U/s 82 Cr.P.C qua accused no. 2 & 3.
Process U/s 82 Cr.P.C received back as executed qua accused no. 2 & 3.
Accused no. 2 has appeared alongwith his Counsel and has filed an application
for cancellation of process u/s 82 Cr.PC. Accused has stated that his correct address is D1801,
Tower D, Express Zenith, Sector -77, Noida, U.P- 201301.
Ld. Counsel for the accused no. 2 has stated that the absence of the accused no. 2
was due to medical issues and was not intentional or deliberate.
Medical documents have been attached alongwith application.
The application has been opposed by Ld. Counsel for the complainant on the
ground that the complainant is a senior citizen and the accused no. 2 has deprived the
complainant of his life savings by playing fraud upon him.
Arguments heard. Record perused.
Perusal of the record reveals that accused number absented himself from court
dates despite knowledge of on going proceedings and no one had appeared despite issuance of
NBWs. An exemption application has been moved on behalf of the accused no. 2 was dismissed
on 16.09.2025.
Surety bonds have not been furnished till date.
In view of the above, the accused no. 2 is burdened with the cost of Rs. 20,000/-
to be paid to the complainant on or before the NDOH. Accused no. 2 is directed to furnish
surety bonds on the NDOH, failing which he shall be taken into custody.
Process U/s 82 Cr.P.C qua accused no. 2 is stayed till the NDOH.
It is submitted by Ld. Counsel for the accused no. 2 that copy of the complaint
has not been supplied.
Accordingly, Ld. Counsel for the complainant is directed to supply the complete
copy of complaint to the accused no. 2 before NDOH against acknowledgment on Whatsapp
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number 9717176435 and E-mail ID- Mishra.Shiven2510@gmail.com.
Let notice be issued to process server HC Hari Ram, 1991/C, PS Karol Bagh, for
recording of his statement qua accused no. 3 Kapil Vadher.
Put up for recording the statement of process server and framing of notice on
accused no. 2/ furnishing of bail bonds on 02.03.2026.
(Surbhi Gupta Anand)
JMFC (NI Act) -08,
Central, THC, Delhi 23.02.2026
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