Justice P.K. Bhasin asked the magisterial court to deal in accordance with the law the issue of physical presence of the chief minister and Gupta before it.
Senior advocate Sanjay Jain, appearing for Gupta, pleaded before the court to stay the trial court proceedings as they had challenged the summons issued by the magistrate.
Jain said: "Please stay the proceedings in the trial court till Aug 31, the next date of hearing, as we have challenged the summoning order."
Metropolitan Magistrate Saumya Chauhan June 4 accepted Dikshit's plea for issuance of summons against Gupta for defaming her prior to the April civic polls in the capital.
Gupta moved the Delhi High Court challenging the trial court's order summoning him and claimed that the material presented in support of the complaint was based on hearsay.
Jain also said that the non-appearance of Dikshit before the trial court had not been dealt with as per the law.
"The metropolitan magistrate is completely appearing to be overwhelmed by the stature of complainant Sheila Dikshit, who happens to be the chief minister," Jain said.
The court hearing the case said: "She (Dikshit) would definitely be appearing before the trial court, however, the issue of her appearance would depend on her prior and emergent commitments on that day."
Gupta's counsel said as Dikshit herself did not appear in the court and no case was made out against his client.
He said Gupta was being harassed for being a political rival of the complainant.
The court would next hear the matter Sep 11.
The complaint filed by Dikshit said that to gain political mileage by maligning her, the BJP leader used "uncivilised" language against her before the civic polls.
Dikshit alleged that Gupta called her "villain", "cheat" and "vamp" and also said that she had cheated the people of Delhi.
The chief minister said that she had sent legal notices to Gupta after the civic polls but the BJP leader did not apologise.
Dikshit also filed a civil suit demanding token damages of one rupee from Gupta for putting up hoardings across the city, accusing her government of conniving with private power distribution companies and indulging in corruption in determining power tariff.