Interim Order 16

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 63 CC NI ACT 28235/2023 VIJAY KUMAR Vs. CZAR BUILDWELL PVT LTD
14.09.2026
There is pendency of more than 43,000 cases in the present court, therefore, it is not
possible to give shorter date in the cases.
Matter taken up today as 11.09.26 was declared a holiday on account of BRICS Summit.
Present : Complainant in person.
Sh Ram Kumar, Ld. Counsel for complainant through VC.
(M-9810750151)
Sh Bhanu Gupta, Ld. Counsel for the accused through VC.
Matter is listed for report on NBWs qua accused no.2 and
3.
Vide order dt. 03.09.26 NBWs were stayed.
Matter was passed over at the instance of both the parties
till 2:30pm as it was submitted in the pre lunch session that payment
shall be made in terms of the cheque amount.
Matter taken up at 3:05 pm in the presence of complainant
and both counsels for the parties.
Report received back unexecuted in respect of accused
no.2 and 3. The stay order granted by the court on 03.09.26 is vacated by
order today.
Both the accused persons are well aware of the
proceedings of the court and have made incorrect submissions and
wasted judicial time by stipulating that payment shall be made.
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 Ors2. Accordingly, issue process u/s 84 BNSS (erstwhile Section 82
Cr.P.C.) against the accused No.2 and 3 to be executed through
DCP/DSP/ SSP concerned returnable to this court on 30.11.26 only after
filing of PF within 2 weeks.
Process shall not be canceled until accused persons enter
physical appearance and Ld. Counsel for complainant is informed of
their physical appearance.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/14.09.2026
2 (2007) 12 SCC 1
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