Cross-examination of complainant on affidavit evidence under the Negotiable Instruments Act was upheld, with no interference warranted.

In a prosecution under the Negotiable Instruments Act, affidavit evidence of the complainant may be tested by cross-examination when the accused applies under Section 145(2). The High Court noted that the record did not show the case was being tried as a summary trial and no material was produced to establish absence of a probable defence. In those circumstances, the request to recall the complainant for cross-examination was not unjustified, and no jurisdictional or legal error was shown in the order allowing recall. Interference in inherent jurisdiction was therefore not warranted, and the petition was rejected.

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Issues: Whether the accused in a prosecution under the Negotiable Instruments Act could be permitted to recall the complainant for cross-examination under Section 145(2) without a detailed disclosure of defence, and whether the order allowing such recall called for interference in inherent jurisdiction.

Analysis: The complaint proceeded on affidavit evidence of the complainant. Section 145 of the Negotiable Instruments Act permits the complainant's evidence to be given by affidavit and enables the accused, on application, to seek the complainant's attendance for cross-examination. The record did not show that the trial court had proceeded on the basis of summary trial procedure, and the plea of defence recorded before the trial court was not produced to show absence of any probable defence. In these circumstances, the request under Section 145(2) could not be treated as unjustified, and no jurisdictional or legal error was shown in the order permitting cross-examination.

Conclusion: The application to recall the complainant for cross-examination was rightly allowed, and interference with the impugned order was not warranted.

Final Conclusion: The petition was devoid of merit and stood rejected, leaving the order permitting cross-examination undisturbed.

Ratio Decidendi: Under Section 145 of the Negotiable Instruments Act, affidavit evidence of the complainant may be tested by cross-examination on the accused's application, and absent demonstrated illegality or absence of a probable defence, an order allowing such recall does not justify interference.

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