Lakshay Dipchandani Vs Gurvinder Singh Alag — Delhi HC (2026) — LawSathi Research

Lakshay Dipchandani Vs Gurvinder Singh Alag — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Setting aside of the orders dated 17.01.2026 and 20.03.2026 passed by the learned JMFC (NI Act)-07/SED, Saket Courts, New Delhi; one final opportunity accorded to the petitioner to lead complainant evidence before the learned Trial Court; subject to costs of Rs.25,000/- payable to the respondent within two weeks.

Issue for consideration

Whether the orders dated 17.01.2026 and 20.03.2026 of the learned Trial Court - closing the petitioner's right to lead complainant evidence and dismissing his application under Section 311 CrPC - should be set aside and the petitioner granted a further opportunity to lead complainant evidence.

Court's answer

Despite the absence of medical documents for the earlier three adjourned dates (04.07.2025, 30.08.2025 and 01.11.2025), the Court was inclined to grant a final opportunity to the petitioner to lead complainant evidence, considering the medical document dated 15.01.2026 evidencing his dental problem and swelling in his teeth, and that the proceedings emanate from a cheque issued in the petitioner's own name, he being the complainant.

Ratio / Principle

The present petition is allowed and the impugned orders dated 17.01.2026 and 20.03.2026 are set aside, subject to costs of Rs.25,000/- (Rupees Twenty Five Thousand Only) to be paid to the respondent within a period of two weeks.

Key takeaways

The learned Trial Court is directed to accord one more opportunity to the petitioner to lead complainant evidence on any date convenient to the Court as also to the learned counsel for the respondent.ratio¶¶18

Detailed headnote1 paragraphs

Delhi High Court (Saurabh Banerjee, J.), order dated 04.05.2026 in CRL.M.C. 3433/2026: Petition under Section 528 BNSS by complainant Lakshay Dipchandani seeking setting aside of the orders dated 17.01.2026 and 20.03.2026 of the learned JMFC (NI Act)-07/SED, Saket Courts, New Delhi in CC No.9294/2021, whereby his right to lead complainant evidence was closed and his application under Section 311 CrPC was dismissed. Though no medical documents were on record for the earlier adjourned dates of 04.07.2025, 30.08.2025 and 01.11.2025, the Court, considering the medical document dated 15.01.2026 evidencing the petitioner's dental problem and swelling in his teeth, and that the proceedings emanate from a cheque issued in the petitioner's own name as complainant, allowed the petition, set aside both impugned orders subject to costs of Rs.25,000/- payable to the respondent Gurvinder Singh Alag within two weeks, and directed the learned Trial Court to accord one more opportunity to the petitioner to lead complainant evidence. Notice to the respondent was dispensed with.

$~81

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL.M.C. 3433/2026, CRL.M.A. 13887/2026-Exp., CRL.M.A. 13888/2026-Stay

LAKSHAY DIPCHANDANI .....Petitioner

Through: Mr. Yogesh Swaroop, Ms. Shivangi Singh, Advs.

versus

GURVINDER SINGH ALAG .....Respondent Through: None

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R % 04.05.2026

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), the petitioner seeks setting aside of the orders dated 17.01.2026 and 20.03.2026 passed by the learned JMFC (NI Act)-07/SED, Saket Courts, New Delhi in CC No.9294/2021( learned Trial Court ), whereby his right to lead complainant evidence was closed and application under Section 311 CrPC was dismissed respectively.

Learned counsel for the petitioner submits that, while passing the impugned orders, the learned Trial Court has failed to consider that the petitioner was suffering from some genuine health issue. He submits that the petitioner had even placed on record medical prescription dated 15.01.2026 reflecting his dental problem, however, the same was not considered and brushed aside by the learned Trial Court.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/05/2026 at 06:30:48

Considering the nature of relief sought in the present petition, issuance of notice to respondent is dispensed with.

Admittedly, though no medical documents have been placed on record qua the earlier three dates i.e., 04.07.2025, 30.08.2025 and 01.11.2025 when the matter was adjourned by the learned Trial Court at the request of learned counsel petitioner/ complainant therein, however, considering the application filed by the petitioner supported by a medical document dated 15.01.2026, reflecting the dental problem and swelling in his teeth, as also the proceedings are emanating from a cheque issued in the name of the petitioner, who is the complainant himself, this Court is inclined to grant a final opportunity to the petitioner for him to lead his/ complainant evidence before the learned Trial Court.

Accordingly, the present petition is allowed and the impugned orders dated 17.01.2026 and 20.03.2026 are set aside, albeit, subject to costs of Rs.25,000/- (Rupees Twenty Five Thousand Only) to be paid to the respondent within a period of two weeks .

The learned Trial Court, as such, is directed to accord one more opportunity to the petitioner lead complainant evidence on any date convenient to the Court as also to the learned counsel for the respondent.

SAURABH BANERJEE, J

MAY 4, 2026/So

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/05/2026 at 06:30:48