https://www.taxtmi.com/caselaws?id=405162 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. en-us Wed, 03 Mar 2021 00:00:00 +0530 Tue, 29 Oct 2024 11:42:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=405162 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. Case-Laws Indian Laws Wed, 03 Mar 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=405162