https://www.taxtmi.com/caselaws?id=314492 Section 145 of the Negotiable Instruments Act, 1881 is an exception to ordinary criminal trial procedure and is intended to secure expeditious disposal of cheque dishonour cases. Although the provision expressly permits the complainant to give evidence by affidavit, its scheme, read with summary-trial procedure and Section 315 of the Code of Criminal Procedure, 1973, does not justify denying the accused the same facility for defence evidence. The court followed the view that the accused may also lead his own evidence and that of his witnesses by affidavit, subject to being available for cross-examination when directed. The accused is therefore entitled to tender defence evidence by affidavit. en-us Tue, 29 Jan 2019 00:00:00 +0530 Sat, 15 Jun 2024 08:23:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=314492 Section 145 of the Negotiable Instruments Act, 1881 is an exception to ordinary criminal trial procedure and is intended to secure expeditious disposal of cheque dishonour cases. Although the provision expressly permits the complainant to give evidence by affidavit, its scheme, read with summary-trial procedure and Section 315 of the Code of Criminal Procedure, 1973, does not justify denying the accused the same facility for defence evidence. The court followed the view that the accused may also lead his own evidence and that of his witnesses by affidavit, subject to being available for cross-examination when directed. The accused is therefore entitled to tender defence evidence by affidavit. Case-Laws Indian Laws Tue, 29 Jan 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=314492