Delhi HC: Property Disputes Between In-Laws and Daughter-In-Law are Not Exclusively For Family Court  ||  Delhi High Court: After Probate is Granted, A Will Does Not Require Fresh Proof under Section 68  ||  Ker HC: Periodic Replacement and Maintenance of Prosthetic Limb Must Be Included in Compensation  ||  Madras High Court: DNA Test Not Required For Mother to Donate Kidney to Her Son  ||  Delhi HC: Pre-Summoning Evidence Opportunity Must be Granted Even in Civil-Natured Criminal Cases  ||  J&K&L HC: UAPA Trials Cannot Linger and Must Proceed With Day-To-Day Hearing under NIA Act  ||  Allahabad HC: FIR in Disproportionate Assets Case Not Vitiated For Lack of Pre-Registration Hearing  ||  Allahabad HC: FIR in Disproportionate Assets Case Not Vitiated For Lack of Pre-Registration Hearing  ||  Delhi HC: Private Schools May Increase Fees Without Prior Approval if Declared Before Session Begins  ||  Supreme Court: Omission of Accused in Inquest Report Alone Does Not Indicate Innocence    

Noor Mohammed Vs. Khurram Pasha - (Supreme Court) (02 Aug 2022)

If a statute prescribes a method for exercise of power, by necessary implication, the other methods of performance are not acceptable

MANU/SC/0959/2022

Banking

Present appeal challenges the correctness of the judgment and order passed by the High Court. The instant proceedings arise out of Complaint Case instituted by the Respondent herein in respect of offence punishable under Section 138 of the Negotiable Instruments Act, 1881. High Court observed that, the conduct of the Appellant in not depositing the interim compensation as directed, showed that he was only interested in protracting the proceedings for one reason or the other

The remedy for failure to pay interim compensation as directed by the court is provided for by the Legislature. The method and modality of recovery of interim compensation is clearly delineated by the Legislature. It is well known principle that if a statute prescribes a method or modality for exercise of power, by necessary implication, the other methods of performance are not acceptable.

The concerned provision nowhere contemplates that an Accused who had failed to deposit interim compensation could be fastened with any other disability including denial of right to cross-examine the witnesses examined on behalf of the complainant. Any such order foreclosing the right would not be within the powers conferred upon the Court and would, as a matter of fact, go well beyond the permissible exercise of power.

Since the right to cross-examine the Respondent was denied to the Appellant, the decisions rendered by the Courts below suffer from an inherent infirmity and illegality. Therefore, decisions of all three courts are set aside with further direction that Complaint Case shall stand restored to the file of the Trial Court. The Trial Court is directed to permit the Appellant to cross-examine the Respondent and then take the proceedings to a logical conclusion. Appeal allowed.

Tags : CROSS-EXAMINATION   DENIAL   LEGALITY  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved