https://www.taxtmi.com/caselaws?id=450145 In a prosecution under the Negotiable Instruments Act, 1881, Section 145(2) is an enabling provision that protects the accused's right to contest the complaint by cross-examining the complainant. Once the accused discloses a probable defence that is not merely a moonshine defence, the Magistrate should permit cross-examination and should not test the defence on its detailed merits or insist on exhaustive particulars at that stage. The right to rebut the statutory presumption under Section 139 through cross-examination forms part of fair trial rights, and summary-trial procedure does not justify denying that opportunity when a plausible defence is shown. en-us Mon, 26 Feb 2024 00:00:00 +0530 Wed, 28 Feb 2024 17:49:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=450145 In a prosecution under the Negotiable Instruments Act, 1881, Section 145(2) is an enabling provision that protects the accused's right to contest the complaint by cross-examining the complainant. Once the accused discloses a probable defence that is not merely a moonshine defence, the Magistrate should permit cross-examination and should not test the defence on its detailed merits or insist on exhaustive particulars at that stage. The right to rebut the statutory presumption under Section 139 through cross-examination forms part of fair trial rights, and summary-trial procedure does not justify denying that opportunity when a plausible defence is shown. Case-Laws Indian Laws Mon, 26 Feb 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=450145