https://www.taxtmi.com/caselaws?id=456869 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. en-us Tue, 22 Aug 2023 00:00:00 +0530 Wed, 21 Aug 2024 19:54:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=456869 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. Case-Laws Indian Laws Tue, 22 Aug 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=456869