Lalit Singh Bisht vs Puran Singh
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Uttarakhand High Court

Lalit Singh Bisht vs Puran Singh on 26 November, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

HIGH COURT OF UTTARAKHAND AT NAINITAL
       Writ Petition Misc. Single No.2109 of 2025
                      26th November, 2025


Lalit Singh Bisht                                       -Petitioner
                               Versus

Puran Singh                                         --Respondent

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Presence:-
Mr. Pankaj Singh Chauhan, learned counsel for the applicant.

Hon'ble Pankaj Purohit, J. (Oral)

Present C528 application has been filed seeking to quash the order dated 19.11.2025 (wrongly transcribed as 09.03.2023 which is the date of filing of complaint) passed by learned Judicial Magistrate, Nainital in Criminal Complaint Case No.1525 of 2023, Puran Singh v. Lalit Singh Bisht.

2. Facts giving rise to the present case are that this case pertains to Section 138 of the Negotiable Instruments Act, 1881. An application under Section 311 Cr.P.C. was moved in this case by the applicant-accused stating therein that on 21.04.2015 as PW1 wherein during cross- examination, certain relevant questions were left to be asked by the counsel for the applicant which are necessary for just and proper disposal of the complaint. It was also stated that the complainant did not give any details of the money i.e. Rs.2.40 lakh allegedly given to the accused by the complainant i.e. how and when the said money was given. Hence prayer was made to allow the application and to call the complainant-PW1 in the Court for the purpose of re-examination.

3. The counsel for the complainant came present in the trial Court, objected to the application, and prayed for its dismissal.

4. The trial Court by way of detailed order dated 19.11.2025, has rejected the said application moved u/s 311 Cr.P.C. It is feeling aggrieved by the said order, applicant has come up before this Court.

5. I have heard learned counsel for the applicant and gone through the impugned judgment.

6. Having heard the learned counsel and having gone through the judgment and order, I am of the view that this application has been filed by the applicant just to prolong the trial. The case is fixed for defence evidence since 11.06.2025. Although the applicant stated in his application that certain questions were left to be asked but those questions were not specifically pleaded required to be asked from the complainant. Moreover, the demand was made by the accused in the month of March 2022 and a detailed cross-examination was made from the complainant by earlier counsel of accused. The trial Court also noticed that the matter is pending since 2023 which falls in the category of old matters wherefor directions for early disposal have been issued. In a nutshell, the trial Court record the finding that the applicant just wanted to fill up the lacunae which cannot be permitted.

7. I am of the view that the grounds given by the trial Court for rejection of the application u/s 311 CrPC are sound and do not require any interference. The application has rightly been dismissed by the trial Court.

8. Accordingly, this C528 application is devoid of any merit and the same is dismissed at the threshold itself.

(Pankaj Purohit, J.) 26.11.2025 Rdang