https://www.taxtmi.com/caselaws?id=247823 The SC held that under Section 145 of the Negotiable Instruments Act, the complainant may submit evidence by affidavit, which can be read at both pre- and post-summoning stages, eliminating the need for re-examination unless ordered by the Magistrate. For summary trials under Section 138, the Magistrate must record the accused's plea and may examine the accused before delivering a finding under Section 263 Cr.P.C. The Court directed all Criminal Courts to adopt a pragmatic approach for summons issuance, ensure timely examination of parties within three months, and allow affidavits in place of oral evidence to expedite disposal. The offence is deemed complete upon compliance with statutory conditions, placing the onus on the accused to prove otherwise. These procedural guidelines aim to facilitate speedy trial and effective adjudication of cheque dishonour cases nationwide. The writ petition was disposed accordingly. en-us Mon, 21 Apr 2014 00:00:00 +0530 Tue, 29 Jul 2025 12:17:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=247823 The SC held that under Section 145 of the Negotiable Instruments Act, the complainant may submit evidence by affidavit, which can be read at both pre- and post-summoning stages, eliminating the need for re-examination unless ordered by the Magistrate. For summary trials under Section 138, the Magistrate must record the accused's plea and may examine the accused before delivering a finding under Section 263 Cr.P.C. The Court directed all Criminal Courts to adopt a pragmatic approach for summons issuance, ensure timely examination of parties within three months, and allow affidavits in place of oral evidence to expedite disposal. The offence is deemed complete upon compliance with statutory conditions, placing the onus on the accused to prove otherwise. These procedural guidelines aim to facilitate speedy trial and effective adjudication of cheque dishonour cases nationwide. The writ petition was disposed accordingly. Case-Laws Companies Law Mon, 21 Apr 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=247823