<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2020 (3) TMI 1473 - KERALA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=314483</link>
    <description>Section 145 of the Negotiable Instruments Act permits affidavit evidence in lieu of chief examination for the complainant, but not for the accused. The Kerala High Court applied Supreme Court authority to hold that an accused in a Section 138 prosecution has no right to tender proof affidavit as chief evidence, and earlier contrary views were treated as no longer good law. Because the trial court wrongly accepted the accused&#039;s affidavit evidence, the conviction-related findings were set aside and the matter was remanded for fresh consideration after giving the accused an opportunity to adduce lawful defence evidence.</description>
    <language>en-us</language>
    <pubDate>Tue, 17 Mar 2020 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 14 Jun 2024 07:37:40 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=756314" rel="self" type="application/rss+xml"/>
    <item>
      <title>2020 (3) TMI 1473 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=314483</link>
      <description>Section 145 of the Negotiable Instruments Act permits affidavit evidence in lieu of chief examination for the complainant, but not for the accused. The Kerala High Court applied Supreme Court authority to hold that an accused in a Section 138 prosecution has no right to tender proof affidavit as chief evidence, and earlier contrary views were treated as no longer good law. Because the trial court wrongly accepted the accused&#039;s affidavit evidence, the conviction-related findings were set aside and the matter was remanded for fresh consideration after giving the accused an opportunity to adduce lawful defence evidence.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Tue, 17 Mar 2020 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=314483</guid>
    </item>
  </channel>
</rss>