VENUGOPAL N DHOOT Vs. RELIGARE FINVEST LIMITED

JUDGEMENT

(1.) Petitioner is defending a complaint filed under Sec. 138 of Negotiable Instruments Act, 1881 and challenges order dtd. 6/2/2026 whereby the learned Trial Court, while dismissing his application seeking exemption from personal appearance, has directed issuance of Non-Bailable Warrants against him.

(2.) As per the contents of the abovesaid application, whereby the petitioner had sought exemption from his personal appearance, the petitioner, a man in his seventies, is resident of Mumbai and is suffering from multiple health problems having undergone Coronary Angioplasty and there is insertion of many stents in his artery and, it was in the abovesaid background, that he had moved said application seeking his exemption from personal appearance for that day only.

(3.) Learned counsel for respondent/complainant appears on advance notice and, in all fairness, submits that he would not insist for issuance of coercive process. He, however, submits that let petitioner move appropriate application seeking his exemption from personal appearance, duly supported with an affidavit clearly specifying therein that he would not dispute his identity and would be duly represented through counsel. He, however, submits that his such concession may not be construed as if he has granted any no objection to any such request. He reserves his rights to oppose the same.