Order 11

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 33 CC NI ACT / 3706/2024
M/s Nakoda Textiles Vs. M/s Sahiba Creations India Pvt Ltd
27.01.2026
(Regular Stenographer of this court is on leave).
Present: 	Sh. 	A.K. 	Goswami 	and 	Sh. 	Nitesh 	Goswami, 	Ld. 	Counsel 	for
complainant.
Ms. Pooja Yadav, Ld. Counsel for accused No.1 and 2 (Through VC).
Accused no.1 is a company.
Accused No.2 (Through VC).
Matter is listed for framing of notice.
Oral exemption has been sought on behalf of the accused on medical
grounds. The same is objected to by Ld. Counsel for complainant on the ground that
accused is deliberately avoding appearance before the court. On an inquiry as to what
is not well, the accused has not responded and Ld. Counsel for accused appearing
through V.C. submits that the accused has back ache. 	On asking if any medical
documents have been filed, Ld. Counsel for accused seeks a pass over till 2.00 pm and
submits that accused will appear physically in the court at or before 2.00 pm.
At request, be taken up at 2.00 pm.
(Danveer)
Judicial Magistrate First Class-04, NI Act
27.01.2026
At 2.00 pm
Present: 	Sh. 	A.K. 	Goswami 	and 	Sh. 	Nitesh 	Goswami, 	Ld. 	Counsel 	for
complainant.
Ms. Pooja Yadav, Ld. Counsel for accused No.1 and 2 (Through VC).
Accused no.1 is a company.
Accused No.2 (Through VC).
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Ld. Counsel for accused persons submits that the accused No.2 cannot
appear in the court today. On asking accused No.2 as to the reason, accused No.2 has
not responded. Ld. Counsel for complainant submits that the accused is deliberatedly
avoiding the proceedings of the court and has not even furnished the bail bonds till
date. Reference is made to the previous ordersheets to show that the conduct of the
accused is dilotary. A prayer is made by Ld. Counsel for complainant for cancellation
of bail granted to the accused.
Heard. Considered. Perused.
The present appearance of accused No.2 is ineffective in the eyes of law
as 	the 	accused 	is 	not 	responding 	to 	the 	questions. 	In 	these 	circumstances, 	the
proceedings of framing of notice and asking question and obtaining their answeres
cannot be conducted through V.C. as the accused No.2 is non-responsive.
Perusal of record reveals that present matter is of the year 2024 and more
than 1.5 years have passed and the accused has not effectively participated in the
proceedings. Further, multiple opportunities have been given to accused No.2 and even
cost has been imposed multiple times due to their absence and effective non-presence,
but they have not entered effective presence till date. The ineffective presence of the
accused on account of non-responses to basic questions as to the present case cannot
assist in conducting the proceedings through V.C. The accused No.2 has not even
furnished bail bonds till date. Further, previous cost has not been paid by accused
No.2. 	Despite 	having 	been 	granted 	multiple 	opportunities, 	the 	consistent 	non-
participative approach and conduct of the accused No.2 has failed the purpose of
Section 143 (3) of N.I. Act.
In view of the above circumstances, this court is constrained to issue
B.Ws against the accused.
Issue B.Ws in the sum of Rs.20,000/- against the accused with one surety
in the like amount returnable for the NDOH.
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List 	the 	matter 	for 	furnishing 	of 	bail 	bonds/framing 	of 	notice 	on
31.01.2026.
Accused is directed to appear physically on NDOH.
In the interest of justice, one last and final opportunity is granted to the
accused No.2 to enter effective appearance, failing which, their bail shall be cancelled.
(Danveer)
Judicial Magistrate First Class-04, NI Act
27.01.2026
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