TMI Blog2022 (8) TMI 924X X X X Extracts X X X X X X X X Extracts X X X X ..... The remedy for failure to pay interim compensation as directed by the court is thus provided for by the Legislature. The method and modality of recovery of interim compensation is clearly delineated by the Legislature. It is well known principle that if a statute prescribes a method or modality for exercise of power, by necessary implication, the other methods of performance are not acceptable. Since the right to cross-examine the respondent was denied to the Appellant, the decisions rendered by the courts below suffer from an inherent infirmity and illegality - There are no hesitation in allowing this appeal and setting aside the decisions of all three courts with further direction that Complaint Case No. 244 of 2019 shall stand restored to the file of the Trial Court. Appeal allowed. - Criminal Appeal No. 1123 OF 2022 (Arising out of Special Leave Petition (Criminal)No. 2872 of 2022) - - - Dated:- 2-8-2022 - HON BLE MR. JUSTICE UDAY UMESH LALIT, HON BLE MR. JUSTICE S. RAVINDRA BHAT AND HON BLE MR. JUSTICE SUDHANSHU DHULIA. For Petitioner(s) Mr. Shailesh Madiyal, Adv. Ms. Rakhi M., Adv. Mr. Mrigank Prabhakar, AOR Ms. Sakshi Banga, Adv. Mr. Vinayaka Pandit, Adv. Mr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. By subsequent order dated 29.11.2019 the Complaint Case was accepted by the Trial Court finding the Appellant guilty under Section 138 of the Act. The Trial Court directed the Appellant to pay fine in the sum of Rs.7,00,000/-, in default whereof to undergo simple imprisonment for six months. Out of the aforesaid sum, Rs.5,000/- was to be remitted to the State while the remaining amount of Rs.6,95,000/- was directed to be made over to the Respondent as compensation under Section 357 of the Criminal Procedure Code, 1973 ( the Code , for short). 7. The Appellant being aggrieved, preferred Criminal Appeal No. 190 of 2019 in the court of V Addl. District and Sessions Judge, Mandya, which appeal however was dismissed by the Appellate Court by its order dated 28.10.2020. The order of conviction and sentence passed by the Trial Court was thus affirmed. During the course of its order one of the points raised for consideration was whether the Trial Court had given sufficient opportunity to the Appellant to cross-examine the Respondent. It was observed by the Court:- 18. It is relevant to mention here that in the present appeal also, after filing of this appeal, accused did not com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 may order the drawer of the cheque to pay interim compensation to the complainant (a) in a summary trial or a summons case, where he pleads not guilty to the accusation made in the complaint; and (b) in any other case, upon framing of charge. (2) The interim compensation under sub-section (1) shall not exceed twenty per cent of the amount of the cheque. (3) The interim compensation shall be paid within sixty days from the date of the order under sub-section (1), or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the drawer of the cheque. (4) If the drawer of the cheque is acquitted, the Court shall direct the complainant to repay to the drawer the amount of interim compensation, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial years, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant. (5) The interim compensation payable under this section may be recovered as if it were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the confession made to him which he had purported to record under Section 164 of the Code. It was said that otherwise all the precautions and safeguards laid down in Sections 164 and 364, both of which had to be read together, would become of such trifling value as to be almost idle and that it would be an unnatural construction to hold that any other procedure was permitted than that which is laid down with such minute particularity in the sections themselves . 8. The rule adopted in Taylor v. Taylor [(1875) 1 Ch D 426, 431] is well recognised and is founded on sound principle. Its result is that if a statute has conferred a power to do an act and has laid down the method in which that power has to be exercised, it necessarily prohibits the doing of the act in any other manner than that which has been prescribed. The principle behind the rule is that if this were not so, the statutory provision might as well not have been enacted. A Magistrate, therefore, cannot in the course of investigation record a confession except in the manner laid down in Section 164. The power to record the confession had obviously been given so that the confession might be proved by the record of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thorities for proper administration of the Act. The Commission while exercising its quasi-judicial power of arriving at a settlement under Section 245-D cannot have the administrative power of issuing directions to other income tax authorities. It is a normal rule of construction that when a statute vests certain power in an authority to be exercised in a particular manner then the said authority has to exercise it only in the manner provided in the statute itself. If that be so, since the Commission cannot exercise the power of relaxation found in Section 119(2)(a) in the manner provided therein it cannot invoke that power under Section 119(2)(a) to exercise the same in its judicial proceedings by following a procedure contrary to that provided in sub-section (2) of Section 119. (Emphasis supplied) 14. The concerned provision 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 and would, as a matter of fact, go ..... X X X X Extracts X X X X X X X X Extracts X X X X
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