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Issues: Whether an accused in a prosecution under the Negotiable Instruments Act can insist on filing his defence evidence on affidavit and whether a summons under Section 145(2) can be used for examination-in-chief.
Analysis: Section 145(1) of the Negotiable Instruments Act permits the complainant to lead evidence on affidavit, while Section 145(2) empowers the Court, on an application by the prosecution or the accused, to summon and examine the deponent. The provision is intended to advance expeditious trial and the summons contemplated by Section 145(2) is for cross-examination of the person who has already filed an affidavit, not for repeating examination-in-chief. The settled position also is that the accused is not entitled to claim the same affidavit procedure as the complainant. The directions issued for speedy disposal of cheque dishonour cases do not expand the accused's right to give evidence by affidavit.
Conclusion: The accused cannot insist on filing defence evidence by affidavit under Section 145(1), and the application to that effect was rightly rejected.
Ratio Decidendi: In a prosecution under Section 138 of the Negotiable Instruments Act, affidavit evidence under Section 145(1) is confined to the complainant, and an application under Section 145(2) by the accused entitles only cross-examination of the deponent, not examination-in-chief by affidavit.
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