Case Law Details
Noor Mohammed Vs Khurram Pasha (Supreme Court)
SC Held that right to cross-examine the witnesses examined on behalf of the complainant cannot be denied to an accused for his failure to deposit interim compensation.
Facts-
The appellant was found guilty punishable u/s 138. An order was passed by the trial court directing the appellant to deposit 20% of the cheque amount as interim compensation in terms of section 143(A) of the Act within 60 days. An application was filed u/s 145(2) of the Act by the appellant for permission to cross-examine the respondent. In view of his failure to deposit the interim compensation as directed, the application preferred by the Appellant was found to be not maintainable and was dismissed by the Trial Court.
By subsequent order dated 29.11.2019 the Complaint Case was accepted by the Trial Court finding the Appellant guilty under Section 138 of the Act. The Trial Court directed the Appellant to pay fine in the sum of Rs.7,00,000/-, in default whereof to undergo simple imprisonment for six months. Out of the aforesaid sum, Rs.5,000/- was to be remitted to the State while the remaining amount of Rs.6,95,000/- was directed to be made over to the Respondent as compensation under Section 357 of the Criminal Procedure Code, 1973.
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