Interim compensation under the Negotiable Instruments Act cannot be enforced by denying cross-examination to the accused.

In a prosecution under the Negotiable Instruments Act, non-deposit of interim compensation under Section 143A does not justify foreclosing the accused's right to cross-examine the complainant. The statutory scheme already provides the consequence for non-payment by permitting recovery of unpaid interim compensation as if it were a fine, and that mechanism must be followed. A court cannot add an extra procedural penalty beyond the statute by denying cross-examination. The impugned order closing that right was therefore unsustainable, and the complaint was remitted for further proceedings with cross-examination permitted.

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Issues: Whether an accused in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 can be denied the right to cross-examine the complainant solely because interim compensation under Section 143A was not deposited.

Analysis: Section 143A provides a specific statutory scheme for interim compensation, including the manner of payment and recovery. Where the statute prescribes recovery of unpaid interim compensation as if it were a fine, that mechanism is the one to be followed. The statutory provision does not authorise an additional disability of foreclosing the accused's right to cross-examine the complainant. A court cannot adopt a method of enforcement beyond the one laid down by the statute, and denial of cross-examination on that ground travels beyond the permissible exercise of power.

Conclusion: The denial of cross-examination was unlawful and the order closing that right could not be sustained. The issue is answered in favour of the appellant.

Final Conclusion: The impugned orders were set aside, the complaint was restored to the trial court for further proceedings after permitting cross-examination, and the matter was sent back for disposal in accordance with law.

Ratio Decidendi: When a statute specifies the consequence and mode of recovery for non-compliance with an interim compensation order, the court cannot impose an additional procedural penalty not contemplated by the statute, including denial of cross-examination.

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