right to cross-examine is a valuable right of accused and cannot be taken away by making it subject to payment of interim compensation

2022(6) Kar. L.J. 308
IN THE HIGH COURT OF KARNATAKA AT BENGALURU

MURALI
VERSES
VENKATESHAPPA

NEGOTIABLE INSTRUMENTS ACT, 1881, Section 143-A-Code of Criminal Procedure, 1973, Sections 482, 311, 200 and 313 Cheque bounce In the proceedings, complainant prefers application under Section 143-A seeking interim compensation of 20% as is available under Section 143-A- Allowed by Magistrate by order dated 10-1-2022 directing 10% of amount of instrument to be paid as compensation - Which not complied by petitioner-accused - Pending compliance, when matter posted for recording of statement under Section 311 of the Cr. P.C., petitioner files application under Section 311 of the Cr. P.C. seeking recall of P.W. 1 for further cross-examination, which rejected on ground that petitioner had not deposited interim compensation in terms of said order dated 10-11-2022- Reasons rendered for rejecting application, held erroneous - It is trite law that right to cross-examine is a valuable right of accused and cannot be taken away by making it subject to payment of interim compensation for which remedy is available in statute itself Impugned order quashed petition allowed. (paras 3, 4, 5, 8, 10, 11 and 13)