Order 25

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT 9900-2022 and CC NI ACT 9901-2022
SEEMA NARAYAN Vs. UPENDRA JAIN
(PARLIAMENT STREET CIRCLE)
Proceedings are conducted through Video Conferencing.
13.12.2024
Present : Sh.Raghav Narayan, Ld. Counsel for the complainant.
None for accused
Matter is listed for statement of accused under section 313CRPC. None has appeared
on behalf of the accused despite repeated calls. Be awaited for accused till 3 PM.
Present : Sh.Raghav Narayan, Ld. Counsel for the complainant.
None for accused
It is 3 PM and none has appeared on behalf of the accused. Perusal of the record
reveals that the matter is listed at the same stage since long and the conduct of the accused person
has been recorded in order sheet dated 22.10.2024, 24.10.2024, and 29.10.2024. It is pertinent to
note that the matter got settled between the parties two years ago and on the basis of the promises
of the accused, the matter was deferred for verification of payment. However, the accused made
himself unavailable on the subsequent dates. This court had issued NPW is against him on
17.04.2023. On 24.05.2023, his advocate had appeared and had ensured the court that accused
would be available on the subsequent dates. Accused did not appear before this court on
15.07.2023, 15.09.2023, 03.11.2023, 11.01.2024, 01.02.2024 and 17.02.2024. On 19.03.2024, he
was produced from JC and he was granted bail on his assurance that he would make the payment
to the complainant by 20.05.2024. However, he made himself unavailable on the subsequent
dates. The matter is pending at the same stage, for quite some time.
(Bharti Beniwal)
JMFC (NI ACT) DIGITAL COURT 01
PHC NEW DELHI – 13.12.2024
-- 1 of 2 --
At about 12 PM, one proxy counsel had joined the video conferencing and stated
himself to be appearing on behalf of accused Upendra Jain. He stated that the matter has got
settled with the complainant, and upon being asked about his presence, he left the VC meeting.
This court has also issued cost upon the accused person on several occasions.
In my considered opinion, the trial cannot proceed further unless coercive
measures are taken against the accused.
Accused is absent despite repeated calls since morning. It appears that he is
deliberately trying to delay the court proceedings. In order to secure his presence, I am
constrained to issue non-bailable warrants against the accused through DCP. It is hereby clarified
that the warrants be executed by an officer not below the rank of ASI. In case of non execution of
warrants, the concerned process server is directed to appear in person.
Let the copy of order be sent with the warrants.
Renotify for report on NBWs/ appearance of the accused on 08.01.2025.
(Bharti Beniwal)
JMFC (NI ACT) DIGITAL COURT 01
PHC NEW DELHI – 13.12.2024
-- 2 of 2 --