Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 56 CC NI ACT 8816/2023 SACHIN GUPTA Vs. KULDEEP /0
17.12.2025
There is pendency of more than 29,000 cases in the present court, therefore, it is not
possible to give shorter date in the cases.
Present : Ms Pooja, Ld. Counsel for complainant through VC.
Matter is listed for first appearance of the
complainant.
Earlier the matter was report of NBWs. The Ld.
Reliever JMFC had taken the report of NBWs on record. No
further orders were passed as the accused had entered appearance
in person. It appears that he is well aware of the proceedings of
the court.
Since the accused had already entered appearance in
pursuance to coercive process issued on the LDOH and he has
not entered appearance today, it appears that he is intentionally
evading service.
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 04.04.26 only after filing of
PF within 2 weeks.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/17.12.2025
4 (2007) 12 SCC 1
-- 1 of 1 --