8.2 C
New York
Tuesday, August 9, 2022
HomeWorldIndiaRight to cross-examination of an accused cannot be denied due to failure...

Right to cross-examination of an accused cannot be denied due to failure to file provisional compensation U/Sec 143A NI Act: Supreme Court

The Supreme Court has noted this right to cross-examine witnesses on In my name or for me of The defendant cannot be denied for for him failure for temporary deposit compensation Under Section 143A of The law of tradable instruments.

“Any such order to close the right would not be within the powers given to the court and would be, as a matter of of factGo beyond the exercise allowed of power”, The bench of Judges Adi Umesh Lalit and S. Ravindra Bhatt And Sudhanshu Dholia Note.

In this case (Cheque Bounce Complaint), an order was issued by the Criminal Court directing the accused to deposit 20% of check amount Temporarily compensation in terms of Section 143a of law within 60 days. Because the accused did not say goodbye amount even after extended period, application made on In my name or for me of Accused under section 145(2) of The law seeking permission to question the complainant was denied. Then it was found Guilty under Section 138 of the NI Code. The Court of Appeal and later the Karnataka High Court upheld the conviction and sentence on Accused.

Before the Supreme Court, this has been pushed in Order status of temporary compensation As directed in terms of Section 143a of The law is not complied with withThe amount can be recovered in terms of Subsection 5 of Section 143A said as if it were a fine under Section 421 of code. But it will not be within the jurisdiction of Court to deprive the accused of his right to cross-examine a witness; denial of This right resulted in great Afflicting the accused, he was paid.

Referring to Section 143A, the Court noted that:

“After the court’s mandate to pass An order directing the accused to pay provisionally compensation under subsection 1 of Section 143a, Subsection 2 states that this temporary period compensation should Do not exceed 20 percent of The amount of check. The period during which the temporary compensation You must pay stipulated in subsection 3, while subsection 4 deals with with Situations in which the stairs of Clearance check. The aforementioned subsection 4 is considering repayment of temporary compensation Along with Interest as provided. Subsection 5 of He said Section 143a and then states “Temporary compensation It can be recovered under this section as if it were a fine.” Temporary expression compensation he is one which are “payable under this section” and will therefore take during the transition period compensation Directed for payment under subsection 1 of Item 143a said.

The court noted that the treatment for failure to pay temporary compensation As directed by the court for by the legislature.

“The concerned Provide no place to think that the accused who It was failed for temporary deposit compensation can be installed with Any other disability including deprivation of The right to question witnesses on In my name or for me of the complainant. Any such order precluding the right would not be within the powers granted to the court and would be, as a matter of of factGo beyond the exercise allowed of power”, The bench Note.

Therefore, the court allowed the appeal and restored Complain to file of The court ordered that the accused be allowed to question the complainant and then move the proceedings to a logical conclusion.

Case details

Nour Muhammad opposite Khurram Pasha | 2022 LiveLaw (SC) 652 | 2872- Ali Abdullah Ali of 2022 | August 2, 2022 | Judges Adi Umesh Lalit and S. Ravindra Bhatt And Sudhanshu Dholia

Headnotes

Negotiable Instruments Act, 1881; Section 143a – Fail of Accused to pay temporary compensation – The amount Can be recovered as if a fine – the referee does not think anywhere that the accused who ad failed for temporary deposit compensation can be installed with Any other disability including deprivation of The right to question witnesses on In my name or for me of the complainant. (paragraph 12-14)

Translation of laws- If the law provides for a method or method for Playing sports of powerincluding necessary, other methods of performance Unacceptable. (paragraph 13)

Click here to read/download the verdict

Follow World Weekly News on

Sallie Anderson
Sallie Anderson
Sallie works as the Writer at World Weekly News. She likes to write about the latest trends going on in our world and share it with our readers.

Leave a Reply

Must Read