2021 (9) TMI 1551

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....First Class, Katni in Cheque bouncing case Nos. 168/17 and 144/17 respectively, whereby the trial Court has rejected the examination-in-chief of accused submitted by way of affidavit under Section 145 of the Negotiable Instruments Act, at the stage of defence evidence. Being dissatisfied with the aforesaid orders, the petitioners have preferred these petitions under Section 482 of the Cr.P.C., 1973. 3. Facts giving rise to these petitions, in shorts, are that the petitioners being accused are facing trial before the Judicial Magistrate First Class, Katni in cheque bouncing case Nos. 168/17 and 144/17 respectively. Presently, the case is fixed before the trial Court for recording the defence evidence and the petitioners had submitted their ....

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.... the petitioners prays for setting aside of the impugned order and for direction of the trial Court to take the affidavits fled by the accused persons in lieu of their examination-in-chief in the interest of justice. 5. On the other hand, learned counsel for the respondents refuting the aforesaid contentions submitted that trial Court has rightly rejected the applications fled by the petitioners relying upon the case of Mandvi Cooperative Bank Ltd. v. Manish B. Thakore, 2010 (3) SCC 83. In support of his contention, he has placed reliance upon a decision of Punjab and Haryana High Court passed in the case of Rajni Dhingra Vs. Sanjeev Singh, (2019) 4 Civ.C.C. 817 and also a Full Bench Decision of Madhya Pradesh High Court passed in the case....

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....et aside the direction as contained in sub-paragraph(r) of paragraph 45 of the High Court judgment. The appeal arising from SLP (Crl.) No. 3915/2006 is allowed. 6. The above observations of the Apex Court in the case of Mandvi Cooperative Bank Ltd. (supra) have not been set aside or dissented in the case of Indian Bank Association (supra), wherein in para 12 a reference was made to above observations as follows:- "12. The scope of Section 145 came up for consideration before this Court in Mandvi Cooperative Bank Limited v. Nimesh B. Thakore (2010) 3 SCC 83, and the same was explained in that judgment stating that the legislature provided for the complainant to give his evidence on affidavit, but did not provide the same for the accused.....