Scope of Accused's Right to Cross-Examine Complainant Under Section 145(2) of the Negotiable Instruments Act

sketch of the Bombay High Court
Case
Kamal Nilkant Naik v. VPK Urban Co op Credit Society, through Siddhesh Thanu Madkaikar (Bombay High Court, 11-09-2026)
Law
Negotiable Instruments Act, Indian Evidence Act.

Highlights of the Judgment:

  • Examination of the accused's statutory right to cross-examine a complainant under Section 145(2) of the Negotiable Instruments Act, 1881.
  • Analysis of the threshold requirement for demonstrating a probable defence versus dismissing applications as vague statements.
  • Judicial caution against trial courts delving deep into the merits and credibility of a defense at the threshold stage.
  • Application of statutory provisions regarding disputed signatures and invocation of expert opinions under the Indian Evidence Act.
  • Review of binding precedents concerning summary trials and procedural protections afforded to accused persons under Section 138 proceedings.