NOOR MOHAMMED versus KHURRAM PASHA

NOOR MOHAMMED versus KHURRAM PASHA

Section 143A prescribes the method and modalities for ordering and recovering interim compensation (including recovery as a fine); it does not empower courts to impose disabilities such as denial of the accused's right to cross-examine complainant's witnesses for failure to deposit interim compensation. Orders denying cross-examination on that ground are beyond the statutory power and are illegal; therefore the convictions/orders below were set aside, the complaint restored to the trial court, and the trial court directed to permit cross-examination after deposit of 20% interim compensation (Rs.1,40,000).

Parties
Appellant: NOOR MOHAMMED; Respondent: KHURRAM PASHA
Jurisdiction
India
Judgment Date
02 August 2022
Procedural Posture
Criminal Appeal No.1123 of 2022 / Supreme Court Judgment Allowing Appeal and Restoring Complaint to Trial Court
Outcome
Appeal allowed; orders of Trial Court, Appellate Court and High Court set aside; Complaint Case No.244 of 2019 restored to the Trial Court; directions issued regarding deposit and cross-examination.
Legal Topics
Section 143 a, Section 138, Interim Compensation, Right to Cross Examine, Recovery as Fine, Deposit of Interim Compensation
Negotiable Instruments Act, 1881 Criminal Procedure Code, 1973 Statutory Interpretation Section 143 a Section 138 Interim Compensation Right to Cross Examine Recovery as Fine +1 more

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Parties

NOOR MOHAMMED

Appellant

KHURRAM PASHA

Respondent

Procedural Posture

Criminal Appeal No.1123 of 2022 / Supreme Court Judgment Allowing Appeal and Restoring Complaint to Trial Court

Legal Issues

  1. 1 Whether failure to deposit interim compensation under Section 143A permits denial of accused's right to cross-examine complainant's witnesses
  2. 2 Interpretation of the remedies and modalities provided in Section 143A including recovery of unpaid interim compensation
  3. 3 Whether courts below had power to close right of cross-examination for non-deposit of interim compensation

Ratio Decidendi

Section 143A prescribes the method and modalities for ordering and recovering interim compensation (including recovery as a fine); it does not empower courts to impose disabilities such as denial of the accused's right to cross-examine complainant's witnesses for failure to deposit interim compensation. Orders denying cross-examination on that ground are beyond the statutory power and are illegal; therefore the convictions/orders below were set aside, the complaint restored to the trial court, and the trial court directed to permit cross-examination after deposit of 20% interim compensation (Rs.1,40,000).

Court Disposition

Appeal allowed; orders of Trial Court, Appellate Court and High Court set aside; Complaint Case No.244 of 2019 restored to the Trial Court; directions issued regarding deposit and cross-examination.

Orders

  • Decisions of the Trial Court, the Appellate Court and the High Court set aside
  • Complaint Case No.244 of 2019 restored to the file of the Senior Civil Judge & JMFC, Nagamangala (Trial Court)