$~83 to 86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5412/2026 & CRL.M.A. 22682/2026 RAVI GUPTA .....Petitioner Through: Mr. Varun Dhingra, Adv versus O. P KHANDELWAL .....Respondent Through: Mr. Vipul Sharma, Adv ~84 + CRL.M.C. 5413/2026 & CRL.M.A. 22685/2026 RAVI GUPTA .....Petitioner Through: Mr. Varun Dhingra, Adv versus O. P KHANDELWAL .....Respondent Through: Mr. Vipul Sharma, Adv ~85 + CRL.M.C. 5414/2026 & CRL.M.A. 22687/2026 RAVI GUPTA .....Petitioner Through: Mr. Varun Dhingra, Adv versus KHANDELWAL IRON STORE .....Respondent Through: Mr. Vipul Sharma, Adv ~86 + CRL.M.C. 5415/2026 & CRL.M.A. 22689/2026 RAVI GUPTA .....Petitioner Through: Mr. Varun Dhingra, Adv versus KHANDELWAL IRON STORE .....Respondent 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 31/07/2026 at 13:40:48 Through: Mr. Vipul Sharma, Adv CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 30.07.2026 1. This hearing has been done through hybrid mode. CRL.M.A. 22683/2026 (exemption) CRL.M.A. 22686/2026 (exemption) CRL.M.A. 22688/2026 (exemption) CRL.M.A. 22690/2026 (exemption) 2. Allowed, subject to all just exceptions. Applications are disposed of. CRL.M.C. 5412/2026 CRL.M.C. 5413/2026 CRL.M.C. 5414/2026 CRL.M.C. 5415/2026 3. This is a criminal petition under Sections 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’) challenging the Impugned Order dated 08.07.2026 passed by the Ld. JMFC (NI Act)-05, Patiala House Courts, New Delhi in CT Case No. 3734/2021 titled "O. P. Khandelwal vs. Ravi Gupta". 4. Learned counsel for the petitioner submits that only one opportunity be granted to the petitioner, as he wants to examine his son in his defence. 5. Learned counsel for the respondent, who appears on advance notice, submits that the statement of the accused in the present case was recorded on 25.09.2025, and the matter was listed for defence evidence. Till that date, no list of witnesses had been filed by the petitioner. Subsequently, when he sought permission to examine his son, the Trial Court permitted him to file the list of witnesses on the next date. Neither the petitioner nor his son was 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 31/07/2026 at 13:40:48 present before the Trial Court for his examination. It is further submitted that thereafter, another opportunity was granted by the learned Trial Court, but even on that date the witness did not appear and, consequently, the learned Trial Court closed the petitioner's opportunity to lead defence evidence. 6. Be that as it may, this Court is not inclined to go into the merits of the impugned order. However, considering the interest of justice and the submission of learned counsel for the petitioner that the petitioner seeks to examine only his son, this Court deems it appropriate to grant one final opportunity. Accordingly, the petitioner is permitted to examine his son, Sh. Nitin Gupta, and a single opportunity is granted for the said purpose. 7. It is made clear that if, on the date fixed by the learned Trial Court, the witness sought to be examined by the petitioner fails to appear for any reason whatsoever, no further opportunity shall be granted by the learned Trial Court, and the petitioner's defence evidence shall stand closed automatically. 8. The petitioner shall further pay costs of Rs.10,000/- in each case to the respondent before the learned Trial Court prior to leading defence evidence. In the event of non-payment of the said costs, the petitioner shall not be granted the opportunity to lead defence evidence before the learned Trial Court. 9. With the aforesaid directions, the present petition is disposed of accordingly. 10. The order be uploaded on the website forthwith. MADHU JAIN, J JULY 30, 2026/prg/rm 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 31/07/2026 at 13:40:48