Right to cross-examine witness cannot be denied citing failure to deposit interim compensation: Supreme Court

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The Supreme Court recently held that under Section 143A of the Negotiable Instruments Act (NI Act), an accused who fails to deposit interim compensation cannot be denied the right to cross-examine the witnesses examined on behalf of the complainant.

The Court agreed with the submissions of the appellant. It took the view that the provision of Section 143A of the NI Act nowhere contemplates that an accused who fails to deposit interim compensation could be fastened with any other disability including denial of the right to cross-examine the witnesses examined on behalf of the complainant.

"Any such order foreclosing the right would not be within the powers conferred upon the court and would, as a matter of fact, go well beyond the permissible exercise of power."