2025:HHC:36878 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No.474 of 2025 Decided on : 3.11.2025 Chaman Lal …Petitioner Versus Babu Ram …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Umesh Kanwar, Advocate. For the respondent : Mr. R.S. Gautam, Advocate. Virender Singh, Judge (oral) . Petitioner Chaman Lal has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), for quashing the order dated 4.1.2025, passed by the Court of learned Judicial Magistrate First Class, Jhandutta, District Bilaspur, H.P., (hereinafter referred to as ‘the trial Court’) in case No. 223 of 2023, titled as, ‘Babu Ram versus Chaman Lal’, which has been filed, under the provisions of Section 138 of Negotiable Instruments Act (hereinafter referred to as ‘the N.I. Act’). 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 22025:HHC:36878 2. Vide order dated 4.1.2025, the learned trial Court has closed the right of the petitioner to cross- examine the complainants’ witnesses. 3. For the sake of convenience, parties to the present lis, are hereinafter referred to, in the same manner, in which, they are referred to, by the learned trial Court. 4. Record has been requisitioned. 5. Brief facts, leading to filing of the present petition, before this Court, as emerge from the record, are as under: As per the record, complainant, through Babu Ram, has filed a complaint under Section 138 of the N.I. Act. After securing the presence of the accused, notice of accusation was put to the accused, vide order dated 18.3.2025, and thereafter, the matter was adjourned for recording the evidence of complainant’s witnesses. 5.1 On 4.1.2025, one CW (complainant Babu Ram) appeared before the learned trial Court and his examination-in-chief was recorded on that date. However, right of the accused to cross-examine him, was closed, as 32025:HHC:36878 his counsel was not present. On 4.1.2025, the learned trial Court has passed the following order: “Statement of one CW namely Babu Ram in examination in chief recorded, but not cross-examined by learned defence counsel for the accused. As already many opportunities have been granted to conclude the evidence, despite that learned defence counsel not cross-examined the witness. Hence, CWs are closed by the order of the Court today. Now the case is listed for recording the statement of accused under Section 313 Cr. P.C., for 22.1.2025.” 5.2 The said order has been assailed before this Court, mainly on the ground that the learned trial Court has wrongly closed the right of the accused to cross- examine the complainant’s witness, as his counsel was not present, on that day, and he was attending some case at District Court, Bilaspur, H.P. 6. Order dated 4.1.2025 clearly demonstrates that on that day, accused was present, but his counsel was not present. Keeping in view the low legal literacy in Indian masses, it cannot be expected from the accused to cross- examine the complainant, whose, examination-in-chief, was recorded on that date. 42025:HHC:36878 7. Accused has duly been represented by his counsel, on the earlier dates, and the explanation, which has been put forward by the accused, qua the fact that his counsel was busy in District Court, Bilaspur, cannot be ignored, at this stage. 8. Consequently, the learned trial Court has fallen into error by closing the right of the accused to cross- examine the complainant, only on account of non- availability of learned defence counsel. 9. In view of the discussions made above, the present petition is allowed and the order dated 4.1.2025, passed by the learned trial Court, in case No. 223 of 2023, titled as, ‘Babu Ram versus Chaman Lal’, is set aside. The case is remanded back to the learned trial Court to proceed further from the stage of cross-examining the complainant, as on 4.1.2025. 10. The parties, through their counsel, are directed to be present before the learned trial Court, on 17.11.2025. 11. The pending application(s), if any, are also disposed of. 52025:HHC:36878 12. Send down the record. ( Virender Singh ) Judge November 7, 2025 (kalpana)