CRL.M.C. 3390/2026 1 $~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3390/2026 & CRL.M.A. 13684/2026 KHATUSHYAM LAND MARKS LLP AND ANR .....Petitioner Through: Ms. Kumari Archana and Ms. Kumkum Bhardwaj, Advocates versus ATUL GUPTA .....Respondent Through: Mr. Deepak Sahni, Advocate (Through VC) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 13.07.2026 1. Petitioner herein is facing trial for committing offence under Section 138 of Negotiable Instruments Act, 1881. 2. Complaint is of the year 2017 and the case is now at the stage of defence evidence (DE). 3. The concerned complainant was not cross-examined at any earlier point of time, albeit, for the reasons attributable to the accused himself. When an application was moved before the learned Trial Court under Section 311 Cr.P.C. and opportunity was sought to cross-examine him, learned Trial Court, observing that application had earlier been dismissed and it had no power to review its own order, has dismissed the application on 14.01.2026. 4. Such order is under challenge. 5. Mr. Deepak Sahni, learned counsel for respondent (complainant) has joined the proceedings through videoconferencing and, in all fairness, submits 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 15/07/2026 at 11:40:59 CRL.M.C. 3390/2026 2 that though petitioner has failed to disclose any reason much less a compelling one, he leaves it to the discretion of this Court to pass appropriate order. 6. Next date before the learned Trial Court is stated to be 28.07.2026. 7. Admittedly, not even a single question has been put to the complainant by the defence and if the testimony remains uncontroverted and unrebutted, the outcome is, virtually, a fait accompli. 8. In view of the abovesaid and in the interest of justice, the present petition is allowed with the request to learned Trial Court to permit the petitioner herein i.e. accused to cross-examine complainant on 28.07.2026. 9. It is clarified that only one effective opportunity would be permissible for the petitioner to avail. On the next date of hearing, complainant shall appear for such cross-examination and cross-examination would be permitted only after payment of cost to him, which is quantified as Rs. 20,000/-. 10. Needless to say, in case there is any unpaid cost, it shall also be cleared before the complainant is permitted to be cross-examined. 11. Pending application also stands disposed of in aforesaid terms. 12. A copy of this order be sent to learned Trial Court for information and compliance. MANOJ JAIN, J JULY 13, 2026/dr/sy 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 15/07/2026 at 11:40:59