[Cites 1, Cited by 0]
Delhi High Court
Kusum Roadways vs Hemkund Fill And Drive & Anr on 10 February, 2026
$~67 & 68
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 10th February, 2026
+ CRL.M.C. 1144/2026 & CRL.M.A.4553/2026 & CRL.M.A.
4554/2026
KUSUM ROADWAYS .....Petitioner
Through: Mr. Y.S. Chauhan with Ms. Hinu
Mahajan, Mr. Divyanhu and Mrs. A.S.
Gahlot, Advocates.
versus
HEMKUND FILL AND DRIVE & ANR. .....Respondents
Through: Mr. Rishab Garg, Advocate
(through V.C.)
+ CRL.M.C. 1145/2026& CRL.M.A. 4555/2026& CRL.M.A.
4556/2026
KUSUM ROADWAYS .....Petitioner
Through: Mr. Y.S. Chauhan with Ms. Hinu
Mahajan, Mr. Divyanhu and Mrs. A.S.
Gahlot, Advocates.
versus
HEMKUND FILL AND DRIVE .....Respondent
Through: Mr. Rishab Garg, Advocate
(through V.C.)
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. The issue raised in both the petitions is similar and, therefore, both
these matters have been taken up together.
2. Two separate complaints were filed against M/s Kusum Roadways for
commission of offence under Section 138 read with Section 141 of
Signed By:SONIA CRL.M.C. 1145/2026
Negotiable Instrument Act, 1881.
3. The complainant is M/s Hemkund Fill and Drive.
4. The grievance of the petitioner i.e. accused, is merely to the effect that
when his right to cross-examine the complainant had been closed on
18.08.2025, he filed an application in this regard before the learned Trial
Court. Such application was dismissed on 09.09.2025. A Revision was filed
before the learned Court of Sessions but it was also dismissed on 15.11.2025.
5. Such orders are under challenge.
6. According to learned counsel for the petitioner, if the testimony of the
complainant goes un-rebutted, it would cause serious prejudice to his defence
and the outcome of both the complaints would be, virtually, a fate accompli.
7. Learned counsel for the petitioner was requested to get in touch with
learned counsel for the respondent/complainant and Sh. Rishab Garg, learned
counsel for the respondent/complainant has, now, joined the proceedings
through video-conferencing.
8. Learned counsel for the respondent/complainant, on instructions,
leaves it to this Court to pass appropriate orders. He, however, submits that if
the Court is inclined to grant one opportunity, let it be a final one and subject
to imposition of heavy cost. He also submits that even the previous cost of
Rs.5,000/- imposed in each case is also unpaid.
9. Learned counsel for the petitioner submits that the next date before the
learned Trial Court is 13.02.2026 and it will be ensured that if authorized
representative of the respondent/complainant appears on that date, he would
be cross-examined then and there.
10. Learned counsel for respondent/complainant submits that as per
instructions, such authorized representative would appear on said date.
Signed By:SONIA CRL.M.C. 1145/2026
11. In view of the above, and with the consent of learned counsel for the
parties, both the petitions are disposed of with direction that the accused in
both the abovesaid complaints i.e. CC No.8469/2022 and CC No.2280/2022,
would be permitted to cross-examine Dr. Abhishek Saxena, the authorized
representative of the respondent/complainant on 13th instant.
12. It is, however, clarified that the petitioner/accused would be entitled to
only one, albeit, effective opportunity in this regard. This would, however,
be subject to the condition that on said date, the unpaid cost of Rs.5,000/- in
each case is also cleared and, simultaneously, the petitioner i.e. accused pays
further costs of Rs.10,000/-, in each case, to the complainant before start of
the cross-examination.
13. Both the petitions stand disposed of in aforesaid terms.
14. Pending applications also stand disposed of.
15. Copy of the order be given dasti under signatures of Court Master.
(MANOJ JAIN)
JUDGE
FEBRUARY 10, 2026/st/pb
Signed By:SONIA CRL.M.C. 1145/2026
