Application, if any, u/s 145(2) of N.I. Act, 1881, by Accused for cross examination of the complainant
1 Once the plea is recorded, the Court may fix the case for defence evidence, unless Application is made by Accused u/s 145(2) to recall complainant for cross examination.
2 Once Affidavit of Evidence in lieu of Examination in chief is filed by complainant or his witnesses, the said comp./ witnesses, can be cross examined only on an Application made u/s 145(2).
3 If Accused wish to cross examine the complainant, then, the Accused is obliged to make an Application u/s 145(2) of N.I. Act, 1881, stating therein his exact defense.
4 Once the plea is recorded, the Court shall fix the case for defence evidence, unless Application is made by Accused u/s 145(2) to recall complainant for his cross examination.
5 Even if Accused may have sincere defense of misuse of cheque, after recording of his plea, he has to prove his defense by cross examining the complainant u/s 145(2); or by leading evidence.
6 The Trial Court may reject the Application made by Accused u/s 145(2) and may fix the matter for Defense Evidence.