Affidavit evidence by accused in cheque dishonour cases is not permitted; oral defence evidence remains mandatory.

In proceedings under Section 138 of the Negotiable Instruments Act, the accused has no statutory right to lead defence evidence by affidavit in lieu of oral examination-in-chief. Section 145 confers that affidavit procedure on the complainant, and the statutory scheme does not extend the same facility to the accused. The court held that later trial-management directions cannot override this settled position or enlarge the accused's evidentiary right beyond the Act and binding precedent. The result was that the accused was directed to give oral evidence, and the order accepting affidavit evidence was set aside.

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Issues: Whether an accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881 can be permitted to file an affidavit of evidence in lieu of examination-in-chief.

Analysis: The governing law, as settled by the Supreme Court, holds that the statutory scheme of Section 145 confers the affidavit route on the complainant and does not extend the same facility to the accused. The distinction between the complainant's largely documentary case and the accused's defence evidence is material, and the Court cannot supply what the legislature did not provide. The later directions issued for expeditious trial management do not override that settled position or enlarge the accused's right to lead evidence by affidavit in the face of the specific statutory framework and binding precedent.

Conclusion: The accused cannot be permitted to file an affidavit of evidence in lieu of examination-in-chief in proceedings under Section 138 of the Negotiable Instruments Act, 1881; the impugned order rejecting the complainant's challenge was quashed and the accused was directed to lead oral evidence.

Final Conclusion: The petition succeeded and the trial court's order refusing to discard the accused's affidavit evidence was set aside, with consequential directions for recording oral defence evidence.

Ratio Decidendi: In proceedings under Section 138 of the Negotiable Instruments Act, 1881, the accused has no statutory right to tender evidence by affidavit in lieu of oral examination-in-chief.

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