Authority: High Court of Delhi
Order Date: 16 July 2026
Case Overview
- Petitioner: Kamlesh Kumar, represented by Advocate Chandra Shekhar Yadav.
- Respondent: M/S Microtek International Pvt Ltd, represented by Mr. Harish (Authorized Representative), who appeared via video‑conferencing.
- Underlying criminal complaint: Section 138 of the Negotiable Instruments Act, 1881, concerning a cheque of Rs 16,90,742 filed in 2021; the case is at the stage of final arguments before the trial court scheduled for 17 July 2026.
- The petitioner sought, under Section 311 CrPC, an opportunity to cross‑examine the complainant’s witness; the trial court dismissed the application on 11 May 2026, and a subsequent revision petition was also unsuccessful.
- Consequently, the petitioner filed a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, requesting a single opportunity to cross‑examine the complainant’s representative.
Court’s Reasoning
- The court noted that the petitioner had previously failed to cross‑examine the complainant’s witness when the opportunity was available, making him “responsible for his miseries.”
- It observed that without cross‑examination, the complainant’s testimony would remain un‑rebutted, effectively resulting in a fait‑accompli.
- After considering inputs from the authorized representative of the respondent‑company, the court decided to grant a limited cross‑examination.
Final Outcome
- The petitioner is permitted to cross‑examine Mr. Harish, limited to one effective opportunity.
- The trial court may allow the cross‑examination on 17 July 2026 if both sides are present; otherwise, it will fix a suitable date after confirming the witness’s availability.
- The petitioner must pay Rs 30,000 as costs to the complainant, and any outstanding costs must be cleared.
- The petition is disposed of on these terms, and all pending applications are also disposed.
- Copies of the order are to be given dasti under the Court Master’s signature and sent to the learned trial court for compliance.
Topics: Court Order, Negotiable Instruments, Cross‑Examination