Full Text
HIGH COURT OF DELHI
Date of Decision: 3rd February, 2026
3626/2026 & CRL.M.A. 3627/2026 & CRL.M.A. 3680/2026
RAJEEV GUPTA & ANR. .....Petitioner
Through: Mr. Raja Choudhary, Mr. Dhruv Tiwari, Ms. Anushika Mishra, Mr. Kapil Kumar Sharma and Mr. Devender, Advocates
Through: None
JUDGMENT
1. Present petition has been filed by two petitioners i.e. Mr. Rajeev Gupta and Mr. Surender Kumar.
2. They have been shown accused in 12 complaints filed under Section 138 of Negotiable Instruments Act, 1881 and when these complaints were taken up by the learned Magisterial Court on 19.01.2026, they chose to appear through videoconferencing, despite specific direction from the learned Trial Court to appear in physical mode. When the matter was taken up at 12.15 PM same day, since accused had again chosen to appear through videoconferencing and there was no explanation as to why they were not appearing physically, the concerned SHO has been directed to take immediate action against aforesaid two accused persons and to file compliance report.
3. In context of petitioner no. 1 Mr. Rajeev Gupta, it has been vehemently contended that though Mr. Rajeev Gupta had been earlier declared ‘absconder’ in the aforesaid cheque bouncing cases, fact, however, remains CRL.M.C. 915/2026 2 that Mr. Rajeev Gupta filed a petition seeking quashing of all such FIRs which had been registered under Section 174 of Indian Penal Code with Police Station IGI Airport, which emanated from the proclamation proceedings in the aforesaid cheque bouncing complaints only and this Court, vide order dated 31.10.2025 passed in CRL. M.C. No. 7687/2025, allowed aforesaid application while holding as under:-
4. Learned counsel for petitioners submits that presently, the relief is merely confined to petitioner Mr. Rajeev Gupta. He submits that next date before the learned Trial Court is 05.02.2026 and Mr. Rajeev Gupta would ensure that he appears before the learned Trial Court physically and apprise CRL.M.C. 915/2026 3 the said Court that the coercive order does not exist any further, in view of the order dated 31.10.2025.
5. None appears on behalf of respondent/complainant M/s Fashion Makers Group, despite advance notice.
6. However, in view of the aforesaid statement made by learned counsel for petitioner no. 1 Mr. Rajeev Gupta that Mr. Rajeev Gupta would appear physically before learned Trial Court and would apprise about the background facts and aforesaid order dated 31.10.2025, the present petition is disposed of with direction that no further coercive process be taken against petitioner no. 1 Mr. Rajeev Gupta till 05.02.2026.
7. As undertaken today, petitioner no. 1 Mr. Rajeev Gupta would appear before the learned Trial Court physically, along with his counsel and, thereafter, learned Trial Court would be at liberty to proceed further with the matter, in accordance with law. It will be entirely upto the petitioners to move appropriate application seeking exemption from personal appearance through counsel for future dates. As and when any such application is moved, learned Trial Court shall consider the same in accordance with law, after giving due opportunity of hearing to both the side.
8. Petition stands disposed of in aforesaid terms.
9. Pending applications also stand disposed of in aforesaid terms.
10. A copy of order be given dasti to petitioner under the signatures of
JUDGE FEBRUARY 03, 2026/dr/js