Kamlesh Kumar Vs M/S Microtek International Pvt. Ltd. — Cheque Dishonour | Delhi HC (2026)

Kamlesh Kumar Vs M/S Microtek International Pvt. Ltd. — Cheque Dishonour | Delhi HC (2026)

What the court decided

AI extract

Outcome

One effective opportunity to cross-examine Mr. Harish, Authorized Representative of the complainant, with scheduling left to the learned Trial Court, subject to payment of Rs. 30,000/- cost to the complainant and clearance of any unpaid cost; pending applications disposed of; copies ordered dasti and to the learned Trial Court.

Issue for consideration

Whether the petitioner, whose Section 311 CrPC application to cross-examine the complainant's witness was dismissed and whose revision petition failed, should be granted one opportunity to cross-examine the complainant in the pending Section 138 NI Act trial.

Court's answer

If the testimony of the complainant goes un-rebutted and uncontroverted, the outcome is virtually a fait-accompli; therefore, keeping in mind the overall facts and after taking requisite inputs from the Authorized Representative of the respondent-Company, the petition was disposed of with directions permitting cross-examination.

Ratio / Principle

The petitioner is permitted to cross-examine Mr. Harish (Authorized Representative of the complainant), but is entitled to only one effective opportunity; whether the cross-examination takes place immediately is for the learned Trial Court to assess, failing which a date is to be given after ascertaining the witness's availability.

¶10 (direction II)

Key takeaways

The cross-examination is made subject to payment of a cost of Rs. 30,000/- to the complainant, and to clearance of any unpaid cost.ratio¶10 (direction IV)

Detailed headnote1 paragraphs

CRL.M.C. 4927/2026 (High Court of Delhi, Manoj Jain, J., oral, decided 16.07.2026): Kamlesh Kumar, facing trial in a criminal complaint under Section 138, Negotiable Instruments Act, 1881 (instituted 2021; cheque of Rs. 16,90,742/-; at final-arguments stage), filed the present petition under Section 528, Bharatiya Nagarik Suraksha Sanhita, (BNSS), 2023 seeking one opportunity to cross-examine Mr. Harish, Authorized Representative of complainant M/s Microtek International Pvt Ltd, after his application under Section 311, Code of Criminal Procedure, (Cr.P.C.), 1973 was dismissed by the learned Magisterial Court on 11.05.2026 and his Revision Petition yielded no result. Noting that the petitioner himself was responsible for not cross-examining the witness at the earlier available opportunity, but observing that un-rebutted and uncontroverted testimony of the complainant would render the outcome virtually a fait-accompli, the Court disposed of the petition with directions: (i) the petitioner is permitted to cross-examine Mr. Harish; (ii) he is entitled to only one effective opportunity; (iii) whether the cross-examination occurs the next day (case fixed for final arguments on 17.07.2026) is for the learned Trial Court to assess, else a date is to be fixed after ascertaining the witness's availability; and (iv) the cross-examination is subject to payment of Rs. 30,000/- cost to the complainant and clearance of any unpaid cost. Pending applications stand disposed of; a copy was ordered dasti and to the learned Trial Court for information and due compliance.

$~71

IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: 16^th July, 2026

- CRL.M.C. 4927/2026 & CRL.M.A. 20665/2026 & CRL.M.A. 20668/2026

KAMLESH KUMAR .....Petitioner Through: Mr. Chandra Shekhar Yadav, Advocate.

versus

M/S MICROTEK INTERNATIONAL PVT LTD .....Respondent Through: Mr. Harish, AR.

CORAM:

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

The point involved in the present petition is a very short one.

Petitioner herein is facing trial in a criminal complaint filed under Section 138 of Negotiable Instruments Act, 1881 . The complaint was instituted in the year 2021 and is, presently, at the stage of final arguments.

The cheque is of Rs. 16,90,742/-.

A bare perusal of the record placed before the Court would indicate that there is no cross-examination of Mr. Harish, Authorized Representative of complainant-M/S Microtek International Pvt. Ltd.

When an application was moved under Section 311 Code of Criminal Procedure, (Cr.P.C.), 1973 before the learned Trial Court with the prayer to grant one opportunity to cross-examine the complainant, such application was dismissed by the learned Magisterial Court on 11.05.2026.

Revision Petition filed by the petitioner also did not yield any result and it is in the abovesaid backdrop that the present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, (BNSS), 2023 with the prayer that one opportunity may be granted to the petitioner to

Signature Not Verified

CRL.M.C. 4927/2026

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Signed By:SONIA THAPLIYAL Signing Da te:1 6.07.2026 19:10:38

cross-examine the complainant. The aspect regarding leading further evidence in defence has not been pressed during course of arguments.

Quite clearly, the petitioner himself is responsible for his miseries as he, at the earlier available opportunity, did not cross-examine the abovesaid witness of the complainant-Company.

Mr. Harish has joined the proceedings through video-conferencing .

It is apprised that the case is now fixed for final arguments before the learned Trial Court for tomorrow i.e. 17.07.2026.

Undoubtedly, if the testimony of the complainant, in a matter like this goes un-rebutted and uncontroverted, the outcome is, virtually, a fait-accompli and keeping in mind the overall facts of the case and after taking requisite inputs from the Authorized Representative of respondent-Company, the present petition is disposed of with the following directions:-

I. The petitioner is permitted to cross-examine Mr. Harish.

II. He would, however, be entitled to only one effective opportunity.

III. It will be entirely up to the learned Trial Court to assess whether such cross-examination can take place tomorrow itself, provided that both the sides are duly represented before it. Else, the Court would give a date for said purpose, after ascertaining availability of witness concerned.

IV. The cross-examination is subject to payment of cost of Rs. 30,000/- to the complainant and also with the condition that if there is any unpaid cost, the same is also cleared.

Petition stands disposed of in aforesaid terms.

Signature Not Verified

CRL.M.C. 4927/2026

2

Signed By:SONIA THAPLIYAL Signing Da te:1 6.07.2026 19:10:38

Pending applications also stand disposed of.

A copy of this order be given dasti under the signatures of the Court Master.

A copy of this order be sent to learned Trial Court for information and due compliance.

(MANOJ JAIN) JUDGE

JULY 16, 2026/ sw/sa

Signature Not Verified

Signed By:SONIA CRL.M.C. 4927/2026 THAPLIYAL Signing Da te:1 6.07.2026 19:10:38

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