After Missing An Evidence Date, Cheque-Case Complainant Gets One Final Chance From Uttarakhand HC, Conditional On ₹10,000 Costs

The applicant was the complainant in a case under Section 138 of the Negotiable Instruments Act, 1881.

After his opportunity to adduce evidence was first closed, the trial court allowed his application under Section 311 Cr.P.C. and gave him another opportunity.

On 19 May 2026, the applicant did not appear, and the trial court again closed his opportunity despite an adjournment application made on his behalf.

The trial court subsequently rejected his further Section 311 Cr.P.C. application.

He challenged both orders before the High Court.

Section 138 of the Negotiable Instruments Act, 1881, governs the complaint proceedings.

Section 311 Cr.P.C. provides the procedural basis invoked for seeking an opportunity to adduce evidence.

The Court applied the principle that, where an opportunity to present evidence is necessary for proper adjudication, the interests of justice may warrant granting a final opportunity, subject to costs and conditions preventing further delay.

No precedent was cited.

The High Court noted that the trial court had previously granted the complainant an opportunity to adduce evidence but closed it on the first date fixed, when the complainant was absent and an adjournment application had been made on his behalf.

Given his position as complainant in a Section 138 proceeding and the importance of evidence to adjudicating the complaint, the Court considered one final opportunity appropriate in the interests of justice.

It imposed costs and prohibited further adjournment for adducing evidence to address the resulting inconvenience and prevent delay.

The complainant was directed to avail himself of that opportunity without seeking any further adjournment; failing that, the trial court could proceed in accordance with law.

The application was allowed and any pending applications were disposed of.