Affidavit evidence in cheque dishonour trials may also be used by the accused for defence, subject to cross-examination.

Section 145 of the Negotiable Instruments Act, 1881 is an exception to ordinary criminal trial procedure and is intended to secure expeditious disposal of cheque dishonour cases. Although the provision expressly permits the complainant to give evidence by affidavit, its scheme, read with summary-trial procedure and Section 315 of the Code of Criminal Procedure, 1973, does not justify denying the accused the same facility for defence evidence. The court followed the view that the accused may also lead his own evidence and that of his witnesses by affidavit, subject to being available for cross-examination when directed. The accused is therefore entitled to tender defence evidence by affidavit.

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Issues: Whether an accused in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 is entitled to tender his evidence and the evidence of his witnesses by affidavit.

Analysis: Section 145 of the Negotiable Instruments Act, 1881 is an exception to the ordinary criminal trial procedure and was enacted to ensure expeditious disposal of cheque dishonour cases. The provision expressly enables the complainant to give evidence by affidavit, but its scheme, read with the summary-trial procedure and Section 315 of the Code of Criminal Procedure, 1973, does not justify denying the accused the same procedural facility for defence evidence. The later Supreme Court directions in Indian Bank Association contemplate affidavits of witnesses and speedy disposal, and the Court followed the reasoning adopted by the Karnataka High Court that the defence evidence of the accused may also be led by affidavit, subject to availability for cross-examination when directed.

Conclusion: The accused is entitled to lead evidence, including the evidence of his witnesses, by affidavit, subject to cross-examination when required.

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