Commission-based cross-examination may be used when a complainant cannot attend court due to ill health in a cheque complaint.

Section 284 CrPC permits examination on commission where a witness cannot attend court without unreasonable delay, expense or inconvenience and the evidence is necessary for justice. In a complaint under the Negotiable Instruments Act, the complainant's ill health did not justify bypassing the statutory procedure for cross-examination, so recourse to commission was the proper course. The trial court's orders were set aside to that limited extent, and the trial court was left free to examine, at the appropriate stage, whether the special power of attorney holder was validly authorised to continue the prosecution.

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Issues: Whether the complainant, being unable to attend court because of ill health, could be cross-examined through commission under Section 284 of the Code of Criminal Procedure, 1973, and whether the trial court's order permitting the special power of attorney holder to continue the prosecution could stand.

Analysis: Section 284 of the Code of Criminal Procedure, 1973 permits issuance of a commission where the witness cannot be procured before the court without unreasonable delay, expense or inconvenience and the examination is necessary for the ends of justice. The prescribed course is to secure the witness's examination through commission in appropriate cases of infirmity or inability to attend court. In a complaint under the Negotiable Instruments Act, 1881, the complainant's inability to appear does not by itself justify bypassing the statutory procedure for recording evidence. The Court also left open the trial court's power to examine, at the appropriate stage, whether the special power of attorney filed by the holder was valid in law.

Conclusion: The complainant's cross-examination was directed to be conducted through commission under Section 284 of the Code of Criminal Procedure, 1973, and the impugned orders were set aside to that limited extent.

Final Conclusion: The petition succeeded in part by securing recourse to the statutory commission procedure for cross-examination, while leaving the trial to continue in accordance with law.

Ratio Decidendi: Where a witness cannot conveniently attend court due to infirmity or similar disabling circumstances, and examination is necessary for the ends of justice, the court should resort to examination on commission rather than dispense with the witness's evidence altogether.

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