Right to cross-examine a valuable right of accused: Karnataka HC

The high court has said that the right to cross examine is a valuable right of the accused and the same cannot be denied on the ground that the accused did not comply with the direction to pay interim compensation in a cheque bounce case.

The court observed this in a recent judgment while allowing the accused to cross examine the complainant in the case.

The petitioner, who is an accused in a case under section 143A of the Negotiable Instruments (NI) Act, moved the high court challenging the order of the trial court rejecting his application filed under section 311 of CrPC to cross examine the complainant.

The trial court had earlier directed the petitioner to pay 10 per cent of the cheque amount as interim compensation to the complainant in terms of section 143A of the NI Act.

The petitioner had not complied with this order and when the matter was posted for the recording of the statement, he sought permission to cross examine the complainant.

The trial court, by an order on July 11, 2022, rejected his application on the ground that the petitioner had not deposited an interim compensation amount.

Citing the apex court judgement in the Noor Mohammed vs Khurram Pasha case, Justice M Nagaprasanna observed that if interim compensation is not paid, it can be recovered as a fine, by initiating proceedings in terms of section 143A (2) of the NI Act.

“The right to cross-examine is a valuable right. A case cannot be closed denying cross examination of the complainant by the accused particularly on the ground that the accused has not deposited an interim compensation amount. If the interim compensation amount is not deposited, the provisions under section 143A of the Act bestows such opportunity to the complainant to take recourse to such remedy as is available in law,” Justice Nagaprasanna said.

The court has directed the trial court to afford an opportunity to the petitioner to further cross examine the complainant.