VISHESH BAJAJ vs ANKIT SHARMA

UKHC010191682026

2026:UHC:9956
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

C528/2369/2026


Vishesh Bajaj
--Applicant

Versus
Ankit Sharma
--Respondent

Hon’ble Alok Mahra, J.

Mr. Vikash Bahuguna, learned
counsel for the applicant.
2. The present C-528 application has
been filed seeking to quash and set
aside the order dated 19.05.2026
rd
passed by the learned 3 Additional
Chief Judicial Magistrate, Dehradun, in
Criminal Complaint No.4018 of 2018,
whereby the opportunity of the
applicant/complainant to adduce
evidence was closed, as well as the
subsequent order dated 07.08.2026
passed by the same court, whereby the
applicant's application under Section
311 Cr.P.C. seeking recall of the said
order and grant of an opportunity to
adduce evidence was rejected.
3. Learned counsel for the applicant
would submit that the applicant is the
complainant in a complaint case
instituted under Section 138 of the
Negotiable Instruments Act, 1881 ('the

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2026:UHC:9956
N.I. Act'); that, the statement of the
respondent/accused under Section 251
Cr.P.C. was recorded on 11.09.2025,
whereafter the matter was fixed for
recording the evidence of the
applicant/complainant; that, however,
due to certain unavoidable reasons, the
applicant could not appear before the
court below on the date fixed, and
consequently, vide order dated
11.03.2026, the opportunity afforded to
the applicant to adduce evidence was
closed.
5. Learned counsel would further
submit that, thereafter, the applicant
moved an application under Section
311 Cr.P.C., which was allowed by the
court below vide order dated
01.04.2026, granting him an
opportunity to adduce evidence and
fixing 19.05.2026 for the said purpose,
however, on 19.05.2026, the applicant
had to visit Tehri Garhwal in
connection with some personal work
and, therefore, could not remain
present before the court below and an
application seeking adjournment was
moved through his counsel, but the
same was rejected and the opportunity
of the applicant to adduce evidence was
again closed; that, immediately
thereafter, the applicant moved another
application under Section 311 Cr.P.C.
seeking an opportunity to adduce his
evidence, which came to be rejected

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2026:UHC:9956
vide the impugned order dated
07.08.2026.
6. Learned counsel would contend
that, although the earlier application
under Section 311 Cr.P.C. had been
allowed by the court below vide order
dated 01.04.2026, the opportunity
granted to the applicant to adduce
evidence was closed on the very first
date fixed for the said purpose. He
would further submit that the applicant
is the complainant himself in the
proceedings instituted under Section
138 of the N.I. Act and, unless an
opportunity is granted to him to lead
evidence, he would suffer serious
prejudice in prosecuting his complaint.
It is, therefore, prayed that one more
opportunity may be granted to the
applicant to adduce his evidence before
the court below. He would further
submits that the matter is presently
fixed before the court below for
04.11.2026.
7. Heard learned counsel for the
applicant and perused the material
available on record.
8. Having considered the
submissions advanced by learned
counsel for the applicant and the facts
and circumstances of the case, this
Court finds that the applicant had
earlier been granted an opportunity to
adduce evidence pursuant to the order
dated 01.04.2026 passed on his

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2026:UHC:9956
application under Section 311 Cr.P.C.
However, on the very first date fixed
thereafter, i.e. 19.05.2026, his
opportunity to adduce evidence was
again closed on account of his non-
appearance, notwithstanding the fact
that an application seeking
adjournment had been moved on his
behalf.
9. Considering that the applicant is
the complainant in proceedings under
Section 138 of the N.I. Act and that an
opportunity to adduce evidence is
necessary for the proper adjudication of
the complaint, this Court is of the view
that, in the interest of justice, one final
opportunity deserves to be granted to
the applicant to lead his evidence.
However, such indulgence should be
subject to payment of costs so as to
compensate for the inconvenience
caused and to ensure that no further
unnecessary adjournment is sought by
the applicant.
11. Accordingly, the orders dated
19.05.2026 and 07.08.2026 passed by
rd
the learned 3 Additional Chief Judicial
Magistrate, Dehradun, in Criminal
Complaint No.4018 of 2018, are hereby
set aside. The court below is directed to
afford one final opportunity to the
applicant/complainant to adduce his
evidence on the next date fixed in the
matter, i.e. 04.11.2026, subject to the
applicant depositing a sum of

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2026:UHC:9956
₹ 10,000/- (Rupees Ten Thousand only)
towards costs with the High Court Bar
Association Welfare Fund, Nainital,
Uttarakhand, within three days from
today.
12. It is made clear that the applicant
shall avail the aforesaid opportunity on
the date fixed and shall not seek any
further adjournment for the purpose of
adducing his evidence. In case of failure
to avail the opportunity so granted, the
court below shall be at liberty to
proceed with the matter in accordance
with law.
13. With the aforesaid observations
and directions, the C-528 application
stands allowed.
14. Pending applications, if any, also
stand disposed of.




(Alok Mahra, J.)
31.10.2026
Mamta
MA
MTA
RANI
Digitally signed by MAMTA
RANI
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH
COURT OF UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f2
44f3e584af1449e430ef900bf0
9a6d67ebbd642671329b,
postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1d
9cabfd54852c9e68911ca8b66
dd26690a191648ab5d8dd004
ef0, cn=MAMTA RANI
Date: 2026.11.03 11:21:04
+05'30'