https://www.taxtmi.com/caselaws?id=385552 An accused seeking recall of the complainant or witnesses under Section 145(2) of the Negotiable Instruments Act, 1881 need not state reasons in the application. The provision obliges the court to summon and examine the deponent of an affidavit filed as evidence, and that affidavit functions as examination-in-chief. Once recall is sought, the proper course is cross-examination on the facts stated in the affidavit. The Himachal Pradesh High Court held that the statutory scheme does not require the accused to justify the request for recall, and the refusal to permit cross-examination on that basis was unsustainable. en-us Wed, 07 Aug 2019 00:00:00 +0530 Mon, 09 Sep 2019 07:39:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=385552 An accused seeking recall of the complainant or witnesses under Section 145(2) of the Negotiable Instruments Act, 1881 need not state reasons in the application. The provision obliges the court to summon and examine the deponent of an affidavit filed as evidence, and that affidavit functions as examination-in-chief. Once recall is sought, the proper course is cross-examination on the facts stated in the affidavit. The Himachal Pradesh High Court held that the statutory scheme does not require the accused to justify the request for recall, and the refusal to permit cross-examination on that basis was unsustainable. Case-Laws Indian Laws Wed, 07 Aug 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=385552