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    <title>2023 (11) TMI 1121 - KARNATAKA HIGH COURT</title>
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    <description>In a prosecution under Section 138 of the Negotiable Instruments Act, the accused&#039;s chief-examination by affidavit was treated as impermissible because the accused has no automatic right to give evidence by affidavit under Section 145. The court held that an acquittal founded on evidence recorded in that manner could not be sustained, and the proper course was to set aside the result and remit the matter for fresh disposal. The parties were to be given an opportunity to adduce evidence in accordance with law before the trial court.</description>
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      <description>In a prosecution under Section 138 of the Negotiable Instruments Act, the accused&#039;s chief-examination by affidavit was treated as impermissible because the accused has no automatic right to give evidence by affidavit under Section 145. The court held that an acquittal founded on evidence recorded in that manner could not be sustained, and the proper course was to set aside the result and remit the matter for fresh disposal. The parties were to be given an opportunity to adduce evidence in accordance with law before the trial court.</description>
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