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2013 (8) TMI 584 - HC - FEMAEntitlement for Cross Examination In the complaint that had been filed, the statements of three witnesses had been extensively relied upon - the application was filed by the appellants for seeking permission to cross-examine - it was stated that there was a need to cross-examine the witnesses to controvert their statements and to establish their (appellants) innocence as the charges had been denied by the said appellant Held that:- The present appeal should be allowed to the extent that the appellants should be entitled to cross-examine the three witnesses whose statements had been relied upon by the respondent in the complaint The respondent had failed to place on record any fact to show that prejudice would be caused to it if the appellant was permitted to cross-examine the witness - The learned counsel could not specify any prejudice following Ayaaubkhan Noorkhan Pathan vs. State of Maharashtra [2013 (8) TMI 563 - SUPREME COURT] - the appellant intended to cross -examine the said person to controvert the veracity of the complaint regarding contraventions of various provisions of FEMA and it was further stated that the statements made by the said complainant in the complaint were inherently false. Cross-examination of witnesses had been held to be an integral part and parcel of the principles of natural justice - Refusal to grant permission to cross-examine witnesses would normally be an exception - The legal position that would follow is that normally if the credibility of a person who has testified or given some information is in doubt or if the version or the statement of the person who has testified is in dispute normally right to cross-examination would be inevitable - If some real prejudice was caused to the complainant, the right to cross-examine witnesses may be denied - it was not possible to lay down any rigid rules as to when in compliance of principles of natural justice opportunity to cross-examine should be given - In the application of the concept of fair play there had to be flexibility.
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