Neutral Citation No. - 2025:AHC-LKO:20796 Court No. - 12 Case :- CRIMINAL REVISION No. - 372 of 2025 Revisionist :- Suresh Kumar Saini Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Revisionist :- Shyam Bahadur Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Shyam Bahadur, learned counsel for the revisionist as well as learned A.G.A. for the State of U.P. 2. In the light of proposed order notice to opposite party no. 2 is dispensed with. 3. Present criminal revision under Section 397/401 Cr.P.C. has been filed against order dated 06.02.2025, passed by the Additional District & Sessions Judge, Court No. 12, Lucknow as well as order dated 19.04.2024, passed by the Additional Court No. V, Lucknow in Case No. 88 of 2016 - Smt. Vijay Laxmi Vs. Suresh Kumar Saini, under Section 138 of Negotiable Instruments Act. 4. It has been submitted by learned counsel for the revisionist that on the complaint made by opposite party no. 2 under Section 128 Cr.P.C. summons were issued to the revisionist, who had put in appearance and had participated in the proceedings before the Additional District and Sessions Judge, Court No. 12, Lucknow. It is stated that examination of witnesses was under way, where opposite party no.2 had appeared as PW-1. During his cross examination PW-1 fell ill and sought adjournment for the next date. PW-1's cross examination was done on 22.06.2023. Further his examination- in-chief was going on and despite liberty being granted by the Court, no cross examination was done by the revisionist hence cross examination was closed. A recall application was given by the revisionist which was allowed on payment of cost of Rs.1100, and the case was fixed 06.03.2024. 5. At this stage, an application under Section 311 Cr.P.C. was preferred by the revisionist which was rejected by the trial Court. While rejecting the application under Section 311 Cr.P.C., it was observed that on 05.02.2024, application of revisionist was allowed on the cost of Rs.1100/-. On 03.04.2024, during course of examination, request was made by the revisionist for adjournment and the matter was adjourned on payment of cost. Even on the next date learned counsel for the revisionist was not available and consequently opportunity for cross examination was closed and accordingly, application under Section 311 Cr.P.C. was rejected. Hence this revision has been filed assailing both the order. 6. Considered the rival submissions. Liberty for cross examining PW-1 was allowed on the cost of Rs.1100/-, but due to illness of the learned counsel for the revisionist, the case was adjourned and on the next date he could not reach the Court on time and consequently, liberty was closed. Considering that the matter is only of 2024, and in the meanwhile revisional proceedings were underway, in the interest of justice this Court finds that firstly not much time has lapsed since the pendency of the aforesaid proceedings and it cannot be said that application under Section 311 Cr.P.C. has been preferred by the revisionist only for delaying the proceedings. 7. Apart from the above, this Court finds that though undoubtedly the learned counsel for the revisionist should have been present before the trial Court on the date fixed for cross examination, but it has been submitted that due to certain reasons his counsel was busy in some other Court thus he could reach before the Trial Court only after 20 minutes, by which time the opportunity for cross examination was closed. 8. In the aforesaid circumstances, and in the interest of justice this Court find this a fit case for interference. 9. Accordingly, the present criminal revision is allowed, on payment of cost of Rs.2500/-, which shall be paid by the revisionist to the complainant within next ten days. Impugned orders dated 06.02.2025, passed by the Additional District & Sessions Judge, Court No. 12, Lucknow as well as order dated 19.04.2024, passed by the Additional Court No. V, Lucknow in Case No. 88 of 2016 - Smt. Vijay Laxmi Vs. Suresh Kumar Saini, under Section 138 of Negotiable Instruments Act, are hereby set aside. 10. The trial Court shall fix a date within next ten days of receipt of certified copy of this order and on the date so fixed PW-1 shall appear before the trial Court so that revisionist can cross examine him. 11. it is made clear that in case revisionist do not appear on the date and time so fixed by the trial Court, benefit of this order will not be available to the revisionist. In case cross examination cannot be completed on the said date, then same can be kept either on the next date or any other date at the convenience of the Court concerned. The dates shall be fixed with the consent of counsels for both the parties. Order Date :- 9.4.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench