NDLI: Noor Mohammed Vs. Khurram Pasha

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1881 – s.143A – Mandate of – Failure to deposit interim compensation in terms of s.143A and its effect Negotiable Instruments Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Negotiable Instruments Act, 1881 – s.143A – Mandate of – Failure to deposit interim compensation in terms of s.143A and its effect, if any, on the right of accused to cross-examine witnesses examined on behalf of the complainant – Cheque of Rs.7,00,000/- drawn by appellant in favour of Respondent, dishonoured – Complaint case by Respondent u/s.138 – Trial court directed appellant to deposit 20% of the cheque amount as interim compensation in terms of s.143(A) – No such deposit made by appellant – Application on behalf of appellant u/s.145(2) seeking permission to cross-examine respondent dismissed by trial court as not maintainable, in view of appellant’s failure to deposit the interim compensation as directed – Right of appellant to cross-examine the respondent, if rightly closed by the courts below – Held: The concerned provision, namely, s.143A, 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 – Since the right to cross-examine the respondent was denied to the appellant, complaint case restored to trial court – Trial Court to permit appellant to cross-examine respondent and then take the proceedings to a logical conclusion – Also, 20% of the cheque amount, namely Rs.1,40,000/-, to be deposited by appellant as interim compensation. Interpretation of Statutes – Remedy provided for by the Legislature – Method and modalities also clearly delineated – Rule of construction – Held: Powers under a statute are to be exercised in the manner prescribed in the statute – If a statute prescribes a method or modality for exercise of power, by necessary implication, the other methods of performance are not acceptable.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2022 INSC 779
Petitioner	Noor Mohammed
Respondent	Khurram Pasha
SCR	[2022] 6 S.C.R. 860
Judgement Date	2022-02-11
Case Number	1123

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Noor Mohammed Vs. Khurram Pasha

Please Log-in to view this content

G. .j. Raja Vs. Tejraj Surana

Smt. Shamshad Begum Vs. B. Mohammed

Kishan Rao Vs. Shankargouda

M/s Gimpex Private Limited Vs. Manoj Goel

Siby Thomas Vs. M/s. Somany Ceramics Ltd

M/s. Laxmi Dyechem Vs. State of Gujarat & Ors.

T.p. Murugan (dead) Thr. Lrs. Vs. Bojan

M/s. Ajeet Seeds Ltd. Vs. K. Gopala Krishnaiah

K.m. Ibrahim Vs. K.p. Mohammed and Anr.

Noor Mohammed Vs. Khurram Pasha

Noor Mohammed Vs. Khurram Pasha

Please Log-in to view this content

Similar Documents

G. .j. Raja Vs. Tejraj Surana

Smt. Shamshad Begum Vs. B. Mohammed

Kishan Rao Vs. Shankargouda

M/s Gimpex Private Limited Vs. Manoj Goel

Siby Thomas Vs. M/s. Somany Ceramics Ltd

M/s. Laxmi Dyechem Vs. State of Gujarat & Ors.

T.p. Murugan (dead) Thr. Lrs. Vs. Bojan

M/s. Ajeet Seeds Ltd. Vs. K. Gopala Krishnaiah

K.m. Ibrahim Vs. K.p. Mohammed and Anr.

Noor Mohammed Vs. Khurram Pasha