Right to cross-examine in cheque dishonour cases cannot be denied on technical grounds where fair trial requires recall.

In cheque dishonour proceedings, the Bombay HC affirmed orders permitting recall of the complainant for cross-examination under Section 145(2) of the Negotiable Instruments Act. The Court treated the accused's right to test the complainant's evidence as an important facet of a fair trial and held that recall should not be refused on technical or flimsy grounds where bona fide circumstances justify the request, including non-availability of counsel on the original date. Defence contentions about a consent decree and the timing of cheque presentation did not displace the need to afford cross-examination. The challenge to the recall orders therefore failed.

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Issues: Whether the orders permitting the accused to recall the complainant for cross-examination under Section 145(2) of the Negotiable Instruments Act, 1881 were justified.

Analysis: The applications were considered in the context of the accused's failure to cross-examine the complainant on the date the examination-in-chief was recorded, the absence of the advocate on that date, and the need to test the evidence by cross-examination. The Court noted that the right of the accused to cross-examine a complainant in proceedings under the Negotiable Instruments Act is an important facet of a fair trial, and that such opportunity should not be denied on a technical or flimsy ground where the circumstances show a bona fide need for recall. The Court also took note of the defence raised regarding the consent decree and the timing of presentation of the cheques, but held that these matters did not justify refusing the opportunity of cross-examination.

Conclusion: The orders allowing recall of the complainant for cross-examination were upheld and the challenge to them failed.

Ratio Decidendi: A complainant in a cheque dishonour prosecution may be recalled for cross-examination where the circumstances show that denial of such opportunity would prejudice a fair trial, and the right to test evidence by cross-examination cannot be refused merely on technical grounds.

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