Dishonour of Cheque -- Original Records Summoned in Parallel Commercial Court Proceedings -- Accused entitled to access for defence
(i) Negotiable Instruments Act, 1881, S.138 -- Dishonour of Cheque -- Original Records Summoned in Parallel Commercial Court Proceedings -- Accused entitled to summoning of original records for defence where the cheque forming the foundation of the complaint is alleged to be interpolated in parallel criminal proceedings. Proceedings before the NI Court and the Commercial Court stand on an equal footing, and the accused cannot be denied access to originals merely because they were summoned in the other proceeding. Certified or photocopies are insufficient where the dispute concerns interpolation of the cheque itself. (ii) Bharatiya Nagarik Suraksha Sanhita, 2023, S.94 -- Summoning of Documents -- Necessity and Desirability for Fair Trial -- Empowers courts to summon documents or material necessary for inquiry or trial, subject to the requirement that the document be necessary or desirable for arriving at a just and fair conclusion. Right to fair trial includes access to materials required for effective cross-examination and defence.
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