Kusum Roadways Vs Hemkund Fill and Drive — Cheque Dishonour | Delhi HC (2026)

Kusum Roadways Vs Hemkund Fill and Drive — Cheque Dishonour | Delhi HC (2026)

What the court decided

AI extract

Outcome

Accused permitted one effective opportunity to cross-examine Dr. Abhishek Saxena (authorized representative of the complainant) on 13.02.2026 in both complaints (CC No.8469/2022 and CC No.2280/2022), conditional on clearing the unpaid cost of Rs.5,000/- and paying further costs of Rs.10,000/- in each case before start of cross-examination; pending applications also stand disposed of; copy dasti.

Issue for consideration

Whether the accused (petitioner) should be permitted to cross-examine the complainant's witness despite closure of the right to cross-examine on 18.08.2025 and dismissal of the restoration application and Revision, since un-rebutted testimony of the complainant would seriously prejudice the defence.

Court's answer

With the consent of learned counsel for the parties, both petitions were disposed of with direction that the accused in CC No.8469/2022 and CC No.2280/2022 would be permitted to cross-examine Dr. Abhishek Saxena, the authorized representative of the respondent/complainant, on 13th instant.

Ratio / Principle

The petitioner/accused would be entitled to only one, albeit effective, opportunity for such cross-examination.

Key takeaways

The grant of the opportunity is conditional upon clearing the unpaid cost of Rs.5,000/- in each case and, simultaneously, paying further costs of Rs.10,000/- in each case to the complainant before start of the cross-examination.ratio¶33

Detailed headnote1 paragraphs

Delhi High Court (Manoj Jain, J., oral), 10.02.2026: Two CRL.M.C. petitions by M/s Kusum Roadways, accused in complaints under S.138 r/w S.141 of the Negotiable Instrument Act, 1881 laid by M/s Hemkund Fill and Drive (CC No.8469/2022 and CC No.2280/2022), challenging closure of its right to cross-examine the complainant on 18.08.2025, dismissal of its restoration application by the Trial Court on 09.09.2025 and dismissal of the Revision by the Court of Sessions on 15.11.2025, were disposed of with consent: the accused was permitted one effective opportunity to cross-examine Dr. Abhishek Saxena, the complainant's authorized representative, on 13.02.2026, conditional upon clearing the unpaid cost of Rs.5,000/- and paying further costs of Rs.10,000/- in each case before the cross-examination begins. Pending applications likewise disposed of.

$~67 & 68

IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: 10^th February, 2026 + CRL.M.C. 1144/2026 & CRL.M.A.4553/2026 & CRL.M.A. 4554/2026

KUSUM ROADWAYS .....Petitioner

Through: Mr. Y.S. Chauhan with Ms. Hinu Mahajan, Mr. Divyanhu and Mrs. A.S. Gahlot, Advocates.

versus

HEMKUND FILL AND DRIVE & ANR. .....Respondents

Through: Mr. Rishab Garg, Advocate (through V.C.)

CRL.M.C. 1145/2026& CRL.M.A. 4555/2026& CRL.M.A. 4556/2026 KUSUM ROADWAYS .....Petitioner

Through: Mr. Y.S. Chauhan with Ms. Hinu Mahajan, Mr. Divyanhu and Mrs. A.S. Gahlot, Advocates.

versus

HEMKUND FILL AND DRIVE .....Respondent Through: Mr. Rishab Garg, Advocate (through V.C.)

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)

The issue raised in both the petitions is similar and, therefore, both these matters have been taken up together.

Two separate complaints were filed against M/s Kusum Roadways for commission of offence under Section 138 read with Section 141 of

Signature Not Verified

CRL.M.C. 1144/2026 & 1 CRL.M.C. 1145/2026

Signed By:SONIA THAPLIYAL Signing Da te:1 0.02.2026 19:03:23

Negotiable Instrument Act, 1881 .

The complainant is M/s Hemkund Fill and Drive .

The grievance of the petitioner i.e. accused, is merely to the effect that when his right to cross-examine the complainant had been closed on 18.08.2025, he filed an application in this regard before the learned Trial Court. Such application was dismissed on 09.09.2025. A Revision was filed before the learned Court of Sessions but it was also dismissed on 15.11.2025.

Such orders are under challenge.

According to learned counsel for the petitioner, if the testimony of the complainant goes un-rebutted, it would cause serious prejudice to his defence and the outcome of both the complaints would be, virtually, a fate accompli .

Learned counsel for the petitioner was requested to get in touch with learned counsel for the respondent/complainant and Sh. Rishab Garg, learned counsel for the respondent/complainant has, now, joined the proceedings through video-conferencing .

Learned counsel for the respondent/complainant, on instructions, leaves it to this Court to pass appropriate orders. He, however, submits that if the Court is inclined to grant one opportunity, let it be a final one and subject to imposition of heavy cost. He also submits that even the previous cost of Rs.5,000/- imposed in each case is also unpaid.

Learned counsel for the petitioner submits that the next date before the learned Trial Court is 13.02.2026 and it will be ensured that if authorized representative of the respondent/complainant appears on that date, he would be cross-examined then and there.

Learned counsel for respondent/complainant submits that as per instructions, such authorized representative would appear on said date.

CRL.M.C. 1144/2026 & 2 CRL.M.C. 1145/2026

Signature Not Verified

Signed By:SONIA THAPLIYAL Signing Da te:1 0.02.2026 19:03:23

In view of the above, and with the consent of learned counsel for the parties, both the petitions are disposed of with direction that the accused in both the abovesaid complaints i.e. CC No.8469/2022 and CC No.2280/2022, would be permitted to cross-examine Dr. Abhishek Saxena, the authorized representative of the respondent/complainant on 13^th instant.

It is, however, clarified that the petitioner/accused would be entitled to only one, albeit, effective opportunity in this regard. This would, however, be subject to the condition that on said date, the unpaid cost of Rs.5,000/- in each case is also cleared and, simultaneously, the petitioner i.e. accused pays further costs of Rs.10,000/-, in each case, to the complainant before start of the cross-examination.

Both the petitions stand disposed of in aforesaid terms.

Pending applications also stand disposed of.

Copy of the order be given dasti under signatures of Court Master.

(MANOJ JAIN)

JUDGE

FEBRUARY 10, 2026/st/pb

Signature Not Verified CRL.M.C. 1144/2026 & 3

Signed By:SONIA CRL.M.C. 1145/2026

Signed By:SONIA THAPLIYAL Signing Da te:1 0.02.2026 19:03:23