https://www.taxtmi.com/caselaws?id=299578 In a complaint under the Negotiable Instruments Act, the complainant may lead examination-in-chief by affidavit under Section 145(1), and the accused cannot insist on recalling the complainant-affiant for a fresh oral examination-in-chief. The affidavit remains subject to cross-examination, where omissions, contradictions, and the correctness of relied-upon documents can be tested. Documents filed with the complaint or affidavit are not proof merely because they are marked, and foundational facts such as dishonour or service may still require admissible evidence where necessary. The refusal to summon the complainant again for examination-in-chief was upheld. en-us Thu, 23 Aug 2007 00:00:00 +0530 Tue, 21 Dec 2021 14:44:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=299578 In a complaint under the Negotiable Instruments Act, the complainant may lead examination-in-chief by affidavit under Section 145(1), and the accused cannot insist on recalling the complainant-affiant for a fresh oral examination-in-chief. The affidavit remains subject to cross-examination, where omissions, contradictions, and the correctness of relied-upon documents can be tested. Documents filed with the complaint or affidavit are not proof merely because they are marked, and foundational facts such as dishonour or service may still require admissible evidence where necessary. The refusal to summon the complainant again for examination-in-chief was upheld. Case-Laws Indian Laws Thu, 23 Aug 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=299578