Learning from a recent judgment of the Supreme Court No responses, nonappearance, noncooperation and avoiding authorities can be costly. This is equally important in other type of proceedings also.

Learning from a recent judgment of the Supreme Court

No responses, nonappearance,  noncooperation and avoiding  authorities can be costly. This is equally important  in other type of proceedings also.

SERIOUS FRAUD INVESTIGATION OFFICE Versus ADITYA SARDA - 2025 (4) TMI 640 - Supreme Court

Provisions referred and considered:

The Constitution Of India - Article 21

The Companies Act 2013 - Sections  – 208, 210, 211,212,  436, 439, 447, 621

The  Limited Liability Partnership Act, 2008 -  Section  (3)(c)(i),43(2) and  50.

The Code of Criminal Procedure Section   68, 82, 83, 193 , 438 of

General – obligations of citizens and authorities:

Under any law citizens are required to make certain  compliances and disclosures etc. provided in various provisions  applicable in case of any person. For enforcement of any law authorities are appointed with specified authority  to issue notices, make enquiries and app orders etc.

In case any notice is received from concerned authorities, it is necessary to respond to the same and make out  the  case of addressee / noticee.

Even if a notice has been issued by any authority by gross mistake, a reply and explanations is required. On simple reply, in such circumstances case can be dropped or closed. If no reply is given, concerned authority will, as duty bound, take further steps, which might be avoidable it a proper reply was received from the noticee.

Noncompliance by way of not giving  simple responses or avoiding service of notice and avoiding appearance, If required can complicate matters under law.

This also create complication  as per   nature of human being like creating suspicion and doubts in mind of concerned authority  due to noncompliance by the addressee of notice..

Non response, non-compliance will  also cause loss of time of authorities / Courts  in further steps to be taken by them, which could have been avoided if a compliance was made by the notice receiver / addressee or the  noticee.

In this regard observations of honorable Supreme Court  in above cited case are  analyzed below:

a.  the judicial time of every court, even of Magistrate’s Court is as precious and valuable as that of the High Courts and the Supreme Court.

b. The accused are duty bound to cooperate the trial courts in proceeding further with the cases

c. they are  bound to remain present in the Court as and when required by the Court.

d.  Not allowing the Courts to proceed further with the cases by avoiding execution of summons or warrants, disobeying the orders of the Court, and trying to delay the proceedings by hook or crook, would certainly amount to interfering with and causing obstruction in the administration of justice.

The above observations are in relation to proceedings for crimes or suspected and alleged crimes but these are equally applicable in case of other proceedings.

Non-compliances, non responses were taken very seriously and honorable Supreme Court overruled judgment of High Court granting  anticipatory bail and thereby rejected application for bail/ anticipatory bail.

The honorable Supreme Court observed that

“ . In these cases, there is a brazen attempt made on the part of the respondents-accused to stall the criminal proceedings initiated against them, in respect of the serious economic offences allegedly committed by them, by not respecting the summons/warrants issued by the Special Court from time to time and thereby causing obstruction in the administration of justice.  

Learning:

It is important to make responses and compliances to bring on true facts and to show sincerity of the  addressee of notice or summon etc. to come with clean hands and in a  bonafide manner to establish bona fides of addressees and even in case of mistake, an acceptance of the same as early as possible can save criticism and consequences by orders of courts and authorities..