M. NAGAPRASANNA
Zaheda Inamdhar, W/o. Sherkhan M. Inamdhar – Appellant
Versus
Fatima Hassina Sayeedha – Respondent
ORDER :
(M. Nagaprasanna, J.) :
The petitioner is before this Court calling in question proceedings of recording of evidence of the accused by way of an affidavit in C.C.No.27337 of 2027 pending before the 22nd Additional Chief Metropolitan Magistrate, Bengalore arising out of a complaint filed under Section 200 of the Cr.P.C., alleging offences punishable under Section 138 of the Negotiable Instruments Act, 1881 (‘the Act’ for short) and has sought quashment of the order dated 13-12-2023 which rejects Section 311 Cr.P.C. application filed by the petitioner seeking further cross-examination of the respondent/accused.
2. Heard Sri P.P. Hegde, learned senior counsel appearing for the petitioner and Sri M.N.Umesh, learned counsel appearing for the respondent.
3. Facts, in brief, germane are as follows:-
The petitioner and the respondent have a transaction. The transaction leads to issuance of a cheque by the accused in favour of the complainant. The presentation of the cheque leads to it getting dishonored. The dishonouring of the cheque leads the complainant before the concerned Court invoking Section 200 of the Cr.P.C., by registering a complaint. Presently, the proceedings are pending b
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The accused is not entitled to provide evidence via affidavit under the Negotiable Instruments Act; such a right is exclusively reserved for the complainant to ensure a fair trial.
The right to provide evidence via affidavit under section 145 of the Negotiable Instruments Act, 1881 is exclusively granted to the complainant, and the accused does not possess this right.
In proceedings under the Negotiable Instruments Act, the accused cannot provide evidence via affidavit and must request in writing to testify, adhering to strict procedural compliance.
Advocates appeared :For the Appellant : Yashpal Thakur, Mukund Pandya For the Respondent : Amit Palkar, Mukesh Modi
The court established that under Section 145 of the Negotiable Instruments Act, only complainants can provide evidence via affidavit, not the accused.
An accused in a proceedings under Section 138 of the Negotiable Instruments Act cannot be permitted to file an Affidavit-of-Evidence in lieu of Examination-in-Chief.
The judgment established that while complainants may use affidavits for testimony, accused individuals must testify orally, ensuring their fundamental rights in a criminal trial are upheld.
Section 145(2) of Act, clearly reveals that Court on receipt of application of prosecution or accused has no option but to summon and examine any person giving evidence on affidavit as to facts conta....
Accused in Section 138 of N.I. Act case, cannot be permitted to give his evidence by way of affidavit, like complainant, in view of Section 145 of N.I. Act.
Section 311 CrPC reads as power to summon material witness, or examine person present.
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