Akhil Jain vs Rishabh Jain

Petitioner is facing trial in a complaint case filed under Section 138 of Negotiable of Instruments Act, 1881 and is aggrieved by order dated 11.05.2026 whereby his application filed under Section 348 of BNSS (corresponding Section 311 of Cr.P.C) has been dismissed and his right to cross-examine respondent has been closed.

Learned counsel for respondent appears on advance notice and submits that there is no merit or substance in the present petition. He states that the case remained at the stage of complainant’s evidence since the year 2019 and multiple opportunities had been given to the accused for requisite cross-examination but no such opportunity was availed by him and, therefore, he does not deserve any indulgence.

The case is, presently, at the stage of defence evidence.

When asked, it was apprised that there is no cross-examination, at all, of the complainant.

Undoubtedly, if the testimony of the complainant goes un-rebutted and un-controverted, it may seriously prejudice the defence of the accused.

After some arguments, learned counsel for the respondent, without prejudice to his rights and contentions, states that he would have no objection to grant of one such last opportunity, albeit, subject to imposition of heavy cost.

In view of the abovesaid gracious concession given by respondent, and also in the interest of justice, the petition is allowed and petitioner/accused is permitted to cross-examine the complainant subject to cost of Rs.50,000/-.

Needless to emphasize that petitioner would be entitled to one, but effective, opportunity in this regard.

During course of the arguments, learned counsel for the respondent submitted that he would share the banking details of his client with the counsel for the petitioner so that cost is transferred online directly to such account.

The parties would, accordingly, be at liberty to appear before the learned Trial Court on the date fixed i.e. 24.08.2026 at 10:00 A.M. The learned Trial Court would give one single effective opportunity and permit the petitioner to conduct cross-examination either on the same date, subject to the convenience of its Board, or else to give any other date as per the convenience of the learned counsel for the parties and availability of the witness.

The petition is disposed of in aforesaid terms.

Pending applications also stand disposed of.

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