IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-46421-2025 (O&M)

Date of decision: 22.08.2025 Shyam Garg ...Petitioner Versus Kotak Mahindra Bank Ltd. ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Karanjeet Singh Brar, Advocate for the petitioner.

MANISHA BATRA, J. (Oral)

1. The present petition has been filed by the petitioner under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for setting aside the order dated 21.02.2025 (Annexure P-6), passed by the learned trial Court in Criminal Complaint bearing No. 1359 of 2019, titled as KMBL vs. Shyam Garg, filed under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘N. I. Act’), whereby the cross-examination of complainant/CW-1 Shobit Malhotra has been treated as ‘nil’ and also for setting aside the order dated 31.07.2025, whereby an application filed by the petitioner under Sections 145 and 145(2) of the Indian Evidence Act for allowing him to cross examine the complainant, had been dismissed.

2. Learned counsel for the petitioner has submitted that he is facing trial in the aforesaid complaint and has been regularly appearing before the learned trial Court. However,