TaxTMI 
TaxTMI 
2023 (6) TMI 1005
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....23 passed by learned Addl. District Judge-cum-Special Judge, C.B.I. Court-I, Special Court (P.M.L.A), Bhubaneswar in C.M.C. (PMLA) Case No. 47/2017 whereby the petitions filed by them seeking time for appearance were rejected and N.B.Ws. were issued against them. 3. The facts, relevant only for deciding the present applications are that one Niranjan Sahoo lodged F.I.R. before the I.I.C. of Sahadevkhunta P.S. alleging collection of huge amount of money from the public by M/s. Fine Indisales Private Limited and of misappropriation thereof. Accordingly, Sahadevkhunta P.S. Case No.118 dated 17th July, 2009 was registered under Sections 406/420/468/471/34 of I.P.C. read with Sections 4,5 and 6 of the Prize Chits and Money Circulation Schemes (B....
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....hat the very fact that the Petitioners did not obey the summons issued by the Court below and chose to appear thorough their lawyer as also sought for time, by itself proves that they are intentionally avoiding to appear in the present case. According to Mr. Agrawal therefore, the Court below has rightly issued N.B.W. 7. The facts of the case being as narrated above, it would be proper to refer to the position of law in this regard. In the case of Siddharth vs. State of U.P. and another; reported in 2022 (1) SCC 676, the Apex Court held that in the normal and ordinary course the Police should always avoid arresting a person and sending him to jail if it is possible to complete the investigation without his arrest and if every kind of coope....
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....ery carefully examine whether the Criminal Complaint or FIR has not been filed with an oblique motive. In complaint cases, at the first instance, the court should direct serving of the summons along with the copy of the complaint. If the accused seem to be avoiding the summons, the court, in the second instance should issue bailable- warrant. In the third instance, when the court is fully satisfied that the accused is avoiding the court s proceeding intentionally, the process of issuance of the non-bailable warrant should be resorted to. Personal liberty is paramount, therefore, we caution courts at the first and second instance to refrain from issuing non-bailable warrants. The power being discretionary must be exercised judicious....