Noor Mohammed vs. Khurram Pasha

Criminal Appeal · 2022 INSC 779Decided 2 Aug 2022
Criminal Appeal No. 1123 of 2022
Uday Umesh Lalit · S. Ravindra Bhat · Sudhanshu Dhulia

Background

The respondent had lent money to the appellant, who repaid it with a cheque that bounced for insufficient funds. A complaint was filed under Section 138 of the Negotiable Instruments Act. During trial, the appellant was directed to deposit 20% of the cheque amount as "interim compensation" under Section 143A of the Act but failed to do so. Because of this non-payment, the trial court refused to let him cross-examine the complainant, convicted him, and this was upheld by both the Sessions Court and the Karnataka High Court.

Decision Breakdown

The Supreme Court examined Section 143A closely and found that it only empowers the court to order interim compensation and, separately, provides one specific remedy for non-payment: recovery of the amount as if it were a fine (under Section 421 of the CrPC). Relying on the established principle that when a law prescribes a particular way to do something, that is the only way it may be done, the Court held that denying an accused person the fundamental right to cross-examine a witness is nowhere authorized as a consequence of non-payment. Since this denial caused real prejudice and tainted the fairness of the trial, the Court set aside the convictions of all three courts below, restored the case to the trial court, and directed that the appellant now be allowed to cross-examine the complainant before the case proceeds further.

Lesson Learnt

A court cannot invent extra penalties beyond what a statute specifically allows. If a law says the only remedy for a default is X, a court cannot also impose penalty Y (like denying cross-examination) as an additional or substitute sanction, especially where it touches a basic fair-trial right.

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