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High Court of Punjab and HaryanaCRM-M/16395/2026disposed of

Jagdish Kumar Arora v. Prem Kala And Others

2026-03-27Mr. Justice Subhas Mehla2 pages

 



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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-16395-2026 (O&M) Decided on: 27.03.2026 JAGDISH KUMAR ARORA .....Petitioner

Versus

PREM KALA AND OTHERS ......Respondents CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA

Present:

Mr. Amit Jain, Advocate for the petitioner.

**** SUBHAS MEHLA, J. (Oral) 1.

The present petition has been filed under Section 528 of BNSS, 2023 for quashing of order dated 18.12.2025 (Annexure P-3) passed by Judicial Magistrate First Class, Gurugram, in Criminal Complaint NACT No. 34825 of 2019 (CIS No. NACT/34825/2019) titled as "Prem Kala vs. M/s. Arora Footwears and others" whereby evidence of petitioner was closed and an application filed under Section 311 Criminal Procedure Code to recall the witness for cross-examination was dismissed.

2.

Learned counsel for the petitioner contended that vide order dated 18.12.2025 (Annexure P-3), the trial Court closed the opportunity of the petitioner to cross examine the defence witness i.e. DW1 Jagdish Kumar on the ground that several opportunities have been granted without considering the fact that the main counsel was not available owing to health issue. It is further contended that fault, if any, cannot be attributed entirely on the petitioner as on a few occasions, the complainant sought adjournment or could not come present due to some unavoidable circumstances and consequently, evidence of the petitioner was closed. However, the petitioner filed an application under Section SONIA PURI 2026.04.06 18:50 I attest to the accuracy and integrity of this document

 



 -2-   311 Cr.P.C. before the trial Court which was also dismissed vide order dated 18.02.2026 (Annexure P-6). It is further contended that the petitioner will suffer consequences if DW1 is not allowed to be crossexamined and as such, prays for one opportunity to cross-examine DW1Jagdish Kumar. 3.

The nature of order this Court proposes to pass, no notice is required to be issued to the respondent.

4.

Heard and paper book perused.

5.

Keeping in view the facts and circumstances of the present case and the fact that for fair and equitable justice and further in view of limited prayer made on behalf of the petitioner to give one effective opportunity to cross examine the defence witness, as such, orders dated 18.12.2025 (Annexure P-3) and 18.02.2026 (Annexure P-6) are set aside and only one effective opportunity is granted to the petitioner to cross examine defence witness namely Jagdish Kumar, subject to payment of Rs.10,000/- as cost, (Rs. 5,000/- to be paid to the complainant & Rs.5,000/- to be deposited with District Legal Services Authority (DLSA), concerned).

It is also made clear that the petitioner shall not seek unnecessary adjournment to delay the proceedings. 6.

Accordingly, the present petition stands disposed of. (SUBHAS MEHLA) JUDGE 27.03.2026 Sonia Puri Whether Speaking/Reasoned: YES/NO Whether Reportable:

YES/NO SONIA PURI 2026.04.06 18:50 I attest to the accuracy and integrity of this document