Mr. Himanshu Kharb and Mr. Tanuj Sindhu, Advocates with v. PAWAN SINGH

CRL.M.C. 6729/2025 & connected matters Page 1 of 4 $~78 to 80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6729/2025, CRL.M.A. 28304/2025 POONAM DEVI ALIAS POOJA .....Petitioner Through: Mr. Himanshu Kharb and Mr. Tanuj Sindhu, Advocates with Petitioner in person. versus PAWAN SINGH .....Respondent Through: Mr. Pradeep Tiwari, Advocate. + CRL.M.C. 6730/2025, CRL.M.A. 28307/2025 POONAM DEVI ALIAS POOJA .....Petitioner Through: Mr. Himanshu Kharb and Mr. Tanuj Sindhu, Advocates with Petitioner in person. versus HARI CHAND .....Respondent Through: Mr. Pradeep Tiwari, Advocate. + CRL.M.C. 6731/2025, CRL.M.A. 28309/2025 POONAM DEVI ALIAS POOJA .....Petitioner Through: Mr. Himanshu Kharb and Mr. Tanuj Sindhu, Advocates with Petitioner in person. versus PINKI ALIAS PINKI SINGH .....Respondent Through: Mr. Pradeep Tiwari, Advocate. CORAM: HON’BLE MR. JUSTICE SANJEEV NARULA O R D E R % 22.09.2025 1. The Petitioner is arrayed as an accused in three separate criminal This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2025 at 12:49:11 CRL.M.C. 6729/2025 & connected matters Page 2 of 4 complaints, instituted under Section 138 of the Negotiable Instruments Act, 18811 by different complainants, pending before JMFC (NI Act-02), South West, Dwarka Courts. 2. The Petitioner is aggrieved by the orders passed by the Trial Court whereby her right to cross-examine the complainants’ witnesses and to lead defence evidence has been closed. The details of the three petitions are set out below: Petition No. Corresponding complaint case No. Name of the Complainant Date of impugned orders CRL.M.C. 6729/2025 CC NI ACT/ 1679/2024 PAWAN SINGH 02.07.2025 & 20.08.2025 CRL.M.C. 6730/2025 CC NI ACT/ 1666/2024 HARI CHAND 02.07.2025 & 20.08.2025 CRL.M.C. 6731/2025 CC NI ACT/ 1680/2024 PINKI ALIAS PINKI SINGH 02.07.2025 & 20.08.2025 3. The impugned orders record that the Petitioner failed to avail repeated opportunities to cross-examine the complainants and to lead her defence evidence within the timelines fixed by the Trial Court. 4. Counsel for the complainants submits that the Petitioner’s allegation of negligence on part of her earlier counsel is a mere afterthought, intended to justify her own defaults. It is urged that the Petitioner has consistently delayed proceedings that have been pending since February 2024, despite repeated directions and even imposition of costs. According to him, the adverse orders are a natural consequence of her dilatory conduct. Nevertheless, he submits, without prejudice, that should this Court be inclined to extend a final indulgence to the Petitioner, the same ought to be made strictly conditional, subject to substantial costs and a time-bound 1 “the NI Act” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2025 at 12:49:11 CRL.M.C. 6729/2025 & connected matters Page 3 of 4 direction for completion of evidence, so that the trial of these complaints is not further protracted. He underscores that NI Act cases already constitute a significant burden on trial courts, and further delay would prejudice the complainants and undermine the object of expeditious disposal mandated by law. 5. Counsel for the Petitioner, in response, submits that the Petitioner is prepared to abide by any condition of costs that may be imposed by this Court. He further undertakes that no adjournment shall be sought before the Trial Court for the purpose of cross-examination, and that such cross-examination shall be endeavoured to be concluded on the very same date in all three complaints. It is also stated that the defence intends to examine only the Petitioner as a witness and does not propose to summon any other witnesses. 6. Having regard to the fair and reasonable stand taken by the complainants, the present petitions are disposed of with the following directions: a. The impugned orders dated 2nd July, 2025 and 20th August, 2025, in all three complaints, are set aside to the extent they close the Petitioner’s right to cross-examine the complainants and to lead defence evidence. b. The Petitioner shall remain bound by her undertaking to this Court and shall not seek any adjournment. In the event any adjournment is sought, the Trial Court shall be at liberty to foreclose the right of cross-examination and defence evidence revived by this order. c. The Petitioner shall endeavour to complete the cross-examination of all complainants on a single date. If, owing to paucity of time, the same cannot be completed in one sitting, the Trial Court shall list the matter on the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2025 at 12:49:11 CRL.M.C. 6729/2025 & connected matters Page 4 of 4 earliest available date, consistent with its roster, so as to ensure that the cross-examination of all complainants is concluded within a period of two months from today. Defence evidence shall thereafter be completed within a further period of two months, subject to exceptional circumstances. d. As regards costs, in view of the fair suggestion of counsel for the complainants, the Petitioner is directed to deposit a sum of INR 10,000/- in each petition with the Chief Minister, Punjab Flood Relief Fund within one week from today. Proof of such deposit shall be filed before the Trial Court. The Petitioner shall also ensure that any costs previously imposed by the Trial Court are paid before the matter is taken up there. e. The matters shall be listed before the Trial Court for fixing the date of complainants’ evidence on the 26th September, 2025. 7. In view of the above, the petitions are disposed of along with pending applications. SANJEEV NARULA, J SEPTEMBER 22, 2025 nk