2013 (7) TMI 1229

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....h. Heard finally with the consent of the learned Counsel for the petitioner and the learned Counsel for the respondent. By this petition, the original complainant in Summary Criminal Case No. 1100 of 2007 instituted upon the accusation of the respondent-accused having committed an offence under Section 138 of the Negotiable Instruments Act, has prayed for quashing and setting aside the order dated....

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....e, I (2010) SLT 133 : I (2010) BC 600 (SC) : I (2010) DLT (Crl.) 150 (SC) : I (2010) CCR 215 (SC) : 2010 (1) DCR 177, submitted that the Apex Court therein considered provisions of Section 145 of the Negotiable Instruments Act and ruled that though thereunder complainant is entitled to lead his evidence by filing an affidavit, it is not permissible for accused to lead his evidence on affidavit. Th....

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....some other pretext and thereby spirit of Negotiable Instruments Act of expeditious disposal of cases for offence thereunder, some fetters may be put upon the respondent-accused for adducing the evidence in accordance with the law in some time bound frame to achieve spirit of the Act. 6. After giving thoughtful considerations to the submissions advanced and controversy involved being restricted on....