2012 CRI. L. J. (NOC) 482 (DEL.) ::2012 ACD 735 (DEL) ::(2012) 1 DLT(CRL) 245 ::AIR 2013 (NOC) (SUPP) 1040 (DEL.) ::(2012) 1 BankCas 664 ::2012 (2) NIJ 632 SN ::2012 (77) ACC (SOC) 7 (DEL) ::(2012) 112 AllIndCas 382 (DEL)

Delhi High Court

Hon'ble Judge(s): Shiv Narayan Dhingra , J

(A) Negotiable Instruments Act (26 of 1881) S. 138 — Dishonour of cheque — Accused had obtained loan from complainant — Summary trial — Defence by accused that cheque was forged document — He had not raised defence that loan was not taken — Accused cannot subsequently take stand that he would not cross-examine complainant— s witness as loan agreement was not supplied to him — Closure of cross-examination of witness by trial court — Proper {" A case under Section 138 of N.I. Act is summary trial proceeding. The right of cross- examination is given to the accused only if the accused discloses his defence at the time of taking notice and the Court considers that in order to meet the defence, cross-examination of witness was necessary. In the present case, the accused had obtained loan from complainant. The cheque issued by him was dishonoured. The defence taken by the accused that the cheque was a forged document. He did not raise the defence that he had not taken the loan and the loan agreement was not executed. "}