Affidavit evidence in cheque dishonour cases remains unavailable to the accused under Section 145 of the NI Act.

Section 145 of the Negotiable Instruments Act, 1881 permits affidavit evidence for the complainant in cheque dishonour proceedings, but not for the accused. The provision was enacted to support the Act's summary procedure and expeditious disposal of complaints, and the omission of the accused from section 145(1) was treated as deliberate. The later observations in Indian Bank Association did not overrule or dilute the specific ruling in Mandvi Cooperative Bank Limited. Accordingly, the accused has no right to tender evidence by affidavit under section 145, and contrary High Court views were not accepted.

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Issues: Whether an accused in a prosecution under section 138 of the Negotiable Instruments Act, 1881 can tender evidence on affidavit under section 145 of that Act.

Analysis: Chapter XVII of the Negotiable Instruments Act, 1881 was introduced to secure expeditious disposal of cheque dishonour complaints by providing summary trial, liberalised summons service, affidavit evidence for the complainant, presumptive proof of dishonour and compounding. Section 145 was enacted to permit the complainant, and not the accused, to lead evidence by affidavit. The earlier decision in Mandvi Cooperative Bank Limited held that the omission of the accused from section 145(1) was deliberate and that courts cannot fill that legislative gap by analogy. The later decision in Indian Bank Association, read in context, dealt with general guidelines for expeditious disposal and did not overrule or dilute the specific ruling in Mandvi Cooperative Bank Limited. The observation that witnesses may be examined on affidavit could not be treated as a contrary declaration of law permitting the accused to give evidence on affidavit. The earliest and specific view therefore continued to govern, and the contrary approach of some High Courts was declined.

Conclusion: The accused has no right to tender evidence on affidavit under section 145 of the Negotiable Instruments Act, 1881, and the challenge to the magistrate's order fails.

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