VINOD KUMAR vs STATE OF UTTARAKHAND
- Court
- Uttarakhand High Court
UKHC010186182026
2026:UHC:9677
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
SL.
Date
No.
COURT’S OR JUDGE’S ORDERS
C528/2292/2026
Vinod Kumar …….. Applicant
Versus
State Of Uttarakhand ……Respondent
Hon’ble Alok Mahra, J.
Mr. Narendra Bali, learned counsel
for the applicant.
2. Mr. V.S. Pal, learned A.G.A. for the
State.
3. The present application under
Section 528 of the B.N.S.S., has been
filed seeking quashing of the impugned
order dated 19.08.2026 passed by the
learned Judicial Magistrate-III,
Haridwar, in Complaint Case No. 1042
of 2023 (Computer Registration No. 873
of 2016), under Section 138 of the
Negotiable Instruments Act, 1881 (in
short, ‘the N.I. Act’). The applicant has
further prayed that his application
dated 19.11.2025, filed under Section
311 Cr.P.C., be allowed and that he be
granted one final effective opportunity
to appear before the learned trial court
to adduce his evidence and submit
himself to cross-examination,
notwithstanding the closure of his
evidence vide order dated 19.09.2025.
4. Learned counsel for the applicant
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would submit that the applicant is the
complainant in the aforesaid complaint
case instituted under Section 138 of
the N.I. Act; that, the cheque in
question was issued by respondent no.
2 towards the discharge of a legally
enforceable liability but was
dishonoured with the endorsement
‘Account Closed’’; that, despite service
of the statutory legal notice, respondent
no. 2 failed to pay the cheque amount,
compelling the applicant to institute
the complaint in question along with
his affidavit in evidence.
5. Learned counsel would further
submit that on 27.11.2024, the
substance of accusation under Section
251 Cr.P.C. was explained to
respondent no. 2, whereafter the matter
was fixed for the complainant's
evidence, however, on 18.12.2024, the
applicant failed to appear before the
learned trial court, resulting in the
closure of his opportunity to adduce
evidence and the matter being fixed for
recording the statement of respondent
no. 2 under Section 313 Cr.P.C.
6. He would further submit that the
statement of respondent no. 2 under
Section 313 Cr.P.C. was recorded on
21.01.2025, whereafter the applicant
moved an application under Section
311 Cr.P.C. seeking an opportunity to
adduce his evidence; that, the said
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application was allowed by the learned
trial court, and an opportunity was
granted to the applicant to lead his
evidence; that, however, owing to
various medical ailments, the applicant
allegedly could not appear before the
learned trial court and avail the
opportunity so granted; that, the
applicant subsequently moved another
application dated 19.11.2025 under
Section 311 Cr.P.C., seeking one
further opportunity to adduce his
evidence on medical grounds, wherein
respondent no. 2 filed objections to the
said application, which came to be
rejected by the learned trial court vide
the impugned order dated 19.08.2026.
7. It is contended that the learned
trial court failed to appreciate the
necessity of the applicant's evidence for
the proper adjudication of the
complaint and that denial of a further
opportunity would cause serious
prejudice to the applicant. Accordingly,
learned counsel prays that the
impugned order be set aside and the
application under Section 311 Cr.P.C.
be allowed by granting the applicant
one final opportunity to adduce his
evidence.
8. Per contra, learned State counsel
would oppose the submissions
advanced on behalf of the applicant
and submit that the learned trial court
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had already granted sufficient
opportunities to the applicant to
adduce his evidence; that, despite the
opportunity granted pursuant to the
earlier application under Section 311
Cr.P.C., the applicant failed to avail the
same and would support the impugned
order.
9. Heard learned counsel for the
parties and perused the material
available on record.
10. A perusal of the record reveals
that the opportunity granted to the
applicant to adduce his evidence was
closed on account of his non-
appearance. Subsequently, upon an
application filed by the applicant under
Section 311 Cr.P.C., the learned trial
court restored the opportunity and
permitted him to adduce his evidence.
However, despite the said indulgence,
the applicant failed to avail the
opportunity so granted. Consequently,
the proceedings progressed further, and
the statement of respondent no. 2
under Section 313 Cr.P.C. was
recorded. The matter thereafter reached
the stage of final hearing, whereupon
the applicant once again moved an
application under Section 311 Cr.P.C.
seeking a further opportunity to adduce
his evidence.
11. The power under Section 311
Cr.P.C. is discretionary, except where
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the evidence of a witness appears
essential to the just decision of the
case. However, it cannot be invoked
routinely to grant repeated
opportunities without sufficient
justification. In the present case,
despite an earlier opportunity, the
applicant failed to adduce evidence. No
sufficient ground is made out to
interfere with the learned trial court’s
order, as the mere assertion of medical
ailments does not justify the repeated
failure to avail the opportunity already
granted.
12. In view of the foregoing discussion,
this Court finds no patent illegality,
perversity or jurisdictional error in the
impugned order dated 19.08.2026
warranting interference in the exercise
of its inherent jurisdiction under
Section 528 of the B.N.S.S.
Consequently, no case for interference
is made out.
13. Accordingly, the present C-528
application is dismissed.
14. No order as to costs.
MAMT
A RANI
(Alok Mahra, J.)
27.10.2026
Mamta
Digitally signed by MAMTA RANI
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
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49e430ef900bf09a6d67ebbd642671329b,
postalCode=263001, st=Uttarakhand,
serialNumber=5de1751a4f1d9cabfd54852c
9e68911ca8b66dd26690a191648ab5d8dd
004ef0, cn=MAMTA RANI
Date: 2026.10.28 11:22:59 +05'30'