Facts
The petitioner, accused no. 2 in four complaints under the Negotiable Instruments Act, 1881, challenged the Trial Court’s order dated 31 August 2026 refusing his exemption application and directing issuance of non-bailable warrants (NBWs).
Source reference: pp. 2–3The Trial Court cited his absence since 31 July 2024, earlier adjournments, unpaid costs, and its doubts about the medical certificate submitted in support of exemption.
Source reference: pp. 2–3The High Court noted his persistent non-appearance despite directions for physical attendance, although he had reportedly appeared virtually on some dates.
Source reference: p. 4, para. 5Issues
Whether, in the circumstances recorded by the Trial Court, the petitioner’s attendance could be secured through NBWs.
Source reference: p. 3, para. 4Whether the NBWs should be cancelled in light of the petitioner’s undertaking to attend future hearings and his agreement to pay costs.
Source reference: p. 4, paras. 7–9Law Applied
The Court stated that a Trial Court is not precluded from issuing NBWs where an accused deliberately evades proceedings, but must consider whether that measure is necessary on the particular facts.
Source reference: p. 4, para. 6The judgment cites no specific statutory provision or precedent governing issuance or cancellation of NBWs; it applies this case-specific necessity principle.
Source reference: p. 4, para. 6Reasoning
The petitioner’s repeated non-appearance and failure to comply with the direction for physical attendance supported the Trial Court’s decision to issue NBWs; virtual appearances on some dates did not excuse that failure.
Source reference: p. 4, para. 5The High Court therefore found no infirmity in the impugned order.
Source reference: p. 4, para. 7However, the petitioner appeared before the High Court and unequivocally undertook to attend future hearings unless exempted beforehand, and agreed to pay reasonable costs.
Source reference: p. 4, paras. 7–8The Court cancelled the warrants subject to payment of cumulative costs of ₹1,00,000 and compliance with that undertaking.
Source reference: p. 4, paras. 9–10Holding
The Court held that the Trial Court’s issuance of NBWs was not infirm on the facts, but cancelled them subject to the petitioner paying ₹1,00,000 to the respondent and appearing on the next and subsequent hearing dates unless exempted beforehand.
It requested the Trial Court to endeavour to dispose of the four long-pending complaints preferably within one year, and disposed of the petitions on those terms.
Source reference: pp. 4–5, paras. 11–12Original Court PDF
Sanjeev J AerenvsShahi Real Tech Pvt. Ltd
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