Delhi High Court - Orders
Ms Smk Digital vs Fujifilm India Private Limited on 12 January, 2026
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 211/2026
MS SMK DIGITAL .....Petitioner
Through: Mr. Rajiv Mohan, Advocate
versus
FUJIFILM INDIA PRIVATE LIMITED .....Respondent
Through: None
CORAM:
HON'BLE MR. JUSTICE GIRISH KATHPALIA
ORDER
% 12.01.2026 CRL.M.A. 791/2026 (exemption)
1. Allowed, subject to all just exceptions.
CRL.M.C. 211/2026 & CRL.M.A. 792/2026 (stay)
2. Petitioner/accused has assailed order dated 08.10.2025 of the learned trial court, whereby his application under Section 311 CrPC was dismissed in the proceedings under Section 138 Negotiable Instruments Act.
3. It appears that despite repeated adjournments, that too, subject to cost which remained unpaid, learned counsel for petitioner opted not to avail those repeated opportunities to further cross examine the complainant. Paragraph 7 of the impugned order gives details of the said opportunities. Finally, on 22.03.2025, right of the petitioner to further cross examine the complainant was closed, after which he filed an application under Section 311 CrPC and the same was dismissed by way of impugned order dated 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 12/01/2026 at 20:39:21 08.10.2025. It is not just the repeated defaults during trial, even the present petition was filed not immediately after passing of the impugned order, which reflects laxity on the part of the petitioner.
4. It is trite that dismissal of an application under Section 311 CrPC is an interlocutory order, which cannot be assailed in view of the bar under Section 397(2) CrPC (Section 438(2) BNSS).
5. In my view, what is prohibited by law cannot be granted a backdoor entry unless a case of gross injustice is set up, which prima facie, does not appear in the present case.
6. On this aspect, learned counsel for petitioner seeks time to examine.
7. Relist on 23.04.2026 in Advance List. It is made clear that there is no stay on proceedings of the trial court.
GIRISH KATHPALIA, J JANUARY 12, 2026/as 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 12/01/2026 at 20:39:21