https://www.taxtmi.com/caselaws?id=437838 Section 145(2) of the Negotiable Instruments Act gives an accused in a cheque dishonour complaint an enforceable right to summon the complainant or witness for cross-examination. The affidavit of the complainant operates as examination-in-chief, and the court should not defeat this statutory right by a hyper-technical approach. The accused need only disclose a specific defence; the application need not set out a detailed case or be tested on merits at that stage. An application may be rejected only if the defence is sham or illusory, not merely because the disclosure is brief. en-us Tue, 09 May 2023 00:00:00 +0530 Wed, 17 May 2023 10:06:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=437838 Section 145(2) of the Negotiable Instruments Act gives an accused in a cheque dishonour complaint an enforceable right to summon the complainant or witness for cross-examination. The affidavit of the complainant operates as examination-in-chief, and the court should not defeat this statutory right by a hyper-technical approach. The accused need only disclose a specific defence; the application need not set out a detailed case or be tested on merits at that stage. An application may be rejected only if the defence is sham or illusory, not merely because the disclosure is brief. Case-Laws Indian Laws Tue, 09 May 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=437838