Interim Order 14

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 151 CC NI ACT 1007/2022 KEI INDUSTRRIES LIMITED Vs. ARUP BHATTACHARYA
PROPRIETOR OF B B ELECTRICALS
24.08.2026
There is pendency of more than 42,000 cases in the present court, therefore, it is not possible to
give shorter date in the cases.
Matter was earlier received by way of transfer.
Present : Sh Anshwendra Singh, Ld. Counsel for complainant through
VC.
Ms Sunita, Ahlmad in the court of Sh Pitamber Dutt, Ld. PD
and SJ.
Matter is listed for report on notice to ahlmad of Digital court/
report on NBWs.
Physical file was earlier received by the court.
Notice received back served through nazarat to the ahlmad.
Ahlmad submits that she has not been able to contact with the
reader of erstwhile Digital Court-02 NI Act who has access to the email id.
Ahlmad is bound down for the NDOH to produce copy of the notice framed.
Report on NBWs qua the accused received back unexecuted on
both of his addresses.
It appears that accused has previously entered appearance after
execution of process on the same address and is now intentionally evading
service.
None has appeared on behalf of accused despite repeated calls.
The court is cognizant of the fact that personal liberty is
paramount as enunciated in Articles 21 and 22 (1) of the Constitution of India.
The court is constrained to issue process u/s 84 BNSS (erstwhile Section 82
Cr.P.C) as issuance of summons and consequently, Bws and NBWs have not
assisted this court in securing the presence of the accused voluntarily as was
noted in the judgment of the Hon’ble Supreme Court in Inder Mohan Goswami
and Anr. Vs.State of Uttranchal and Ors4. Accordingly, issue process u/s 84
BNSS (erstwhile Section 82 Cr.P.C.) against the accused to be executed through
DCP concerned returnable to this court on 14.01.27 only after filing of PF
within 4 weeks.
Complainant is directed to furnish details of the accused on PF
for issuance of process as a parcha has been issued in the file.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/24.08.26
In recall, Sh.Ashraf, Ld. Counsel for the accused has entered
appearance through VC.
Ld. Counsel for the accused submits that he is being recently
engaged by the accused.
On merits, matter is listed for CE.
Process u/s 84 BNSS issued in the first call is kept in abeyance
with directions to Ld. Counsel for the accused to enter physical appearance to
conduct evidence.
CW1 is directed to enter physical appearance for conducting
evidence on date already fixed in the first call i.e. 14.01.27.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/24.08.26
4 (2007) 12 SCC 1
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