https://www.taxtmi.com/caselaws?id=314492 The Gujarat HC held that an accused in a Section 138 Negotiable Instruments Act case is entitled to lead evidence on affidavit. The court reasoned that Chapter XVII was introduced to provide greater efficacy to cheque transactions and make procedures less cumbersome. Since Section 145 allows witness evidence by affidavit, and the accused can be a witness under Section 315 CrPC upon written request, the accused's evidence can also be by affidavit. The court quashed the trial court's impugned order and allowed the accused's application to lead evidence on 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 The Gujarat HC held that an accused in a Section 138 Negotiable Instruments Act case is entitled to lead evidence on affidavit. The court reasoned that Chapter XVII was introduced to provide greater efficacy to cheque transactions and make procedures less cumbersome. Since Section 145 allows witness evidence by affidavit, and the accused can be a witness under Section 315 CrPC upon written request, the accused's evidence can also be by affidavit. The court quashed the trial court's impugned order and allowed the accused's application to lead evidence on affidavit. Case-Laws Indian Laws Tue, 29 Jan 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=314492