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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANISHA BATRA
Sonik Mehta – Appellant
Versus
Jagdish Singh – Respondent
JUDGMENT :
MANISHA BATRA, J.
1. The instant petition has been filed by the petitioner for quashing of order dated 02.12.2024 passed in Criminal complaint bearing CIS No.NACT/2396/2020 titled as “Jagdish Singh Vs. Sonik Mehta” filed under Section 138 of the Negotiable Instruments Act, 1881 (for short “NI Act”) and pending before the Court of learned Judicial Magistrate, First Class, Hisar, whereby an application filed by the petitioner for conducting cross-examination of the respondent- complainant before recording plea of defence under Section 263 (G) of Bharatiya Nagrik Suraksha Sanhita, 2023 was dismissed.
2. The respondent-Jagdish Singh has filed the aforementioned complaint against the present petitioner, who vide order dated 01.02.2021 has been summoned as an accused for commission of offence punishable under Section 138 of NI Act. As emanating from the record, he surrendered before the learned Trial Court on 28.08.2024 and was admitted to bail. The matter proceeded further for recording his plea of defence. The petitioner filed an application on 01.04.2025 for allowing him to conduct cross-examination of the respondent-complainant before recording his plea of defence, however
The court held that under Section 145 of the NI Act, the accused must be allowed to cross-examine the complainant before recording their plea of defence, ensuring the fairness of the trial process.
[The judgment establishes that an accused in a Sec. 138 N.I. Act case has an absolute right to cross-examine the complainant if a probable defense is disclosed, reinforcing the procedural safeguards ....
Section 145(2) of Act, clearly reveals that Court on receipt of application of prosecution or accused has no option but to summon and examine any person giving evidence on affidavit as to facts conta....
The right to cross-examine can be forfeited through negligence, and courts may reject applications to recall such rights if the accused fails to act timely.
The court reinforced that under the Negotiable Instruments Act, an accused must file a specific application to recall a witness for cross-examination, failing which the trial can proceed without such....
Right to cross-examination is essential in criminal proceedings, and denial without consideration of circumstances is unjust.
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