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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
J.M.KHAZI
M.Devaraj S/O Late V Marishetty – Appellant
Versus
Jothi Anand S/O Syamraj – Respondent
ORAL COMMON ORDER :
J.M.KHAZI, J.
In all these petitions, petitioner is complainant and respondent is accused in a series of complainants filed for the offence punishable under Section 138 of Negotiable Instruments Act ('N.I Act' for short). In these petitions filed under Section 482 of Cr.P.C, the complainant has challenged the separate orders dated 03.12.2022 passed by the trial Court allowing application filed by accused under Section 145 (2) of N.I Act, seeking permission to file affidavit in lieu of his oral evidence.
2. In support of the petition, the complainant has contended that he has filed separate complaints against the accused alleging that accused approached the complainant through his son-in-law Sathiyamurthy and borrowed hand loan of various sums as detailed in the complaints. On the due dates, when the post dated cheques which were issued towards repayment, were presented for encashment, they were dishonoured for want of sufficient funds. After issuing notice and on the failure of accused to comply with the same, complaints are filed.
3. Accused entered appearance and contested the case by pleading not guilty.
4. Already complainant has led evidence.
5. After recording t
The court clarified that while complainants may submit evidence via affidavit under the N.I Act, accused must provide oral testimony, emphasizing the necessity of in-person examination.
Advocates appeared :For the Appellant : Yashpal Thakur, Mukund Pandya For the Respondent : Amit Palkar, Mukesh Modi
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.
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.
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.
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.
The court established that under Section 145 of the Negotiable Instruments Act, only complainants can provide evidence via affidavit, not the accused.
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.
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