Interim Order 11

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 67 CC NI ACT / 27594/2024 Mukesh Kumar Vs. M/s Annant Education /0 (Parliament Street)
23.07.2026
There is pendency of more than 40,000 cases in the present court, therefore, it is not
possible to give shorter date in the cases.
Today, the undersigned is looking after the work of ld. ACJM.
Present : Sh. Shashwat Gaur, Ld. Counsel for complainant
through VC.
Only accused no.1 and 2 summoned.
Matter is listed for report on NBWs qua accused
no.2 RP Tomar/ furnishing amended memo of parties.
Report received back unexecuted with the comment
‘the office has been closed for the past three months’. Report
with respect to address at flat no. 2401 Lords Apartment, sector
19B, Dwarka received back unexecuted with the comment ‘none
with the name of the accused resides at the said address’.
Amended memo of parties already filed by the
complainant taken on record today.
Perusal of order dated 20.01.26 reveals that accused
had already entered appearance through counsel long ago and
matter was subsequently listed for furnishing of bail bonds and
framing of notice.
It appears that accused is 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 Ors7.
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 18.11.2026 only after filing
of PF within 4 weeks.
Process shall not be cancelled until accused enters
physical appearance.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/23.07.2026
7 (2007) 12 SCC 1
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