"On next date of hearing, if he (Vijender Gupta) will not come, coercive action has to be taken," Metropolitan Magistrate Namrita Aggarwal said, while exempting the former Delhi BJP President from personal appearance for the day.
The court passed the order after Gupta failed to appear before it in pursuance to its direction on July 2.
However, Gupta's counsel sought exemption for him saying the BJP leader is out of the country and it was not possible for him to appear in court.
The court was also informed that Gupta has moved the Delhi High Court against its decision to frame defamation charges against him in the case.
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To this, the judge asked the counsel if the High Court has passed any order.
Mehmood Pracha, the counsel for the Chief Minister, said that Gupta had earlier also moved the high court seeking a stay when the court had issued summons to him.
The judge, however, said that if the matter was fixed for framing of notices, then why has he not come.
The court had said "prima facie" an offence of defamation is made out against Gupta and had fixed the matter for today for formally framing charges against him.