Sec 138 of ni act. right of the accused to cross examine the complainant

basavaraj shiromani (Querist) 30 July 2015 This query is : Resolved
in a complaint lodged u/s 138 of ni act, after examination chief of the complainant, whether acused can be restricted to ask limited questions regarding issued chque only ? (on the grounds of summery trial) the accused intends to cross examine the complainant in detail regarding the authorization, rebuttal of presumption u/s 139 of NI act and the aspects of Sec 142 of the Ni act. what he curtailed to do so. what steps he has to take at this movement ? whether he is to file an application u/s 145 of NI act, seeking prmission to cross examine the complainant in detail without any restrictions ?

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P. Venu (Expert) 31 July 2015
The Magistrate cannot curtail the right of the accused to cross examine on all the relevant aspects.

Guest (Expert) 31 July 2015
Question does not arise. Opportunity of defence cannot be curtailed. But irrelevant questions can be barred with cogent reason quoted for disallowing.