Affidavit defence evidence in cheque dishonour cases is permitted, provided the accused's rights under criminal procedure are preserved.

Section 145 of the Negotiable Instruments Act, 1881, being a procedural provision designed to speed up cheque dishonour trials, permits affidavit evidence and does not bar the accused from tendering defence evidence by affidavit. Read with Section 315 of the Code of Criminal Procedure, 1973, the absence of the word "accused" in Section 145(1) was held not to create a prohibition, because the accused's own evidence remains available subject to the safeguards in Section 315. The accused's right to cross-examine the complainant and adduce defence evidence is preserved, and the later Supreme Court directions in Indian Bank Association were treated as consistent with this position.

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Issues: Whether, in a prosecution under Section 138 of the Negotiable Instruments Act, 1881, the accused can tender defence evidence by affidavit under Section 145 of the Act.

Analysis: Section 145 was enacted as part of the summary-trial framework to expedite disposal of cheque dishonour cases. The provision expressly permits affidavit evidence and does not curtail the accused's right to cross-examine the complainant or adduce defence evidence. Reading Section 145 with Section 315 of the Code of Criminal Procedure, 1973, the Court held that the omission of the word "accused" in Section 145(1) does not create a prohibition, because defence evidence may include the accused's own evidence subject to the safeguards in Section 315. The later Supreme Court directions in Indian Bank Association were treated as consistent with permitting affidavit evidence by the accused, and the contrary view was not preferred.

Conclusion: The accused is entitled to tender defence evidence by affidavit in a Section 138 proceeding, subject to Section 315 of the Code of Criminal Procedure, 1973.

Ratio Decidendi: Section 145 of the Negotiable Instruments Act, 1881 is a procedural provision aimed at expeditious trial and may be applied to permit defence evidence by affidavit, provided the accused's rights under Section 315 of the Code of Criminal Procedure, 1973 are preserved.

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