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VENKATA JYOTHIRMAI PRATAPA
Kadiveti Ramanaiah – Appellant
Versus
Ponguri Prabhakara Reddy – Respondent
ORDER
The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (In short “Cr.P.C.”) is filed by the Petitioner/Accused, seeking to direct the learned Additional Judicial Magistrate of First Class, Srikalahasti, Chittoor District, (In short, “Magistrate Court”) to accept his evidence in the form of chief examination affidavit in C.C.No.315 of 2017.
Factual Background
2. The Respondent No.1 herein filed a complaint in C.C.No.315 of 2017 before the learned Magistrate, against the Petitioner/Accused for the offence under Section 138 of Negotiable Instruments Act, 1881 (In short “the Act”) for dishonour of cheque, alleged to have been issued in discharge of legally enforceable debt. At the stage of examination under Section 313 Cr.P.C., the petitioner/accused filed his chief examination affidavit before the trial Court and the same was not accepted by the learned Magistrate.
3. Thereafter, the petitioner filed Crl.M.P.No.514 of 2020 in C.C.No.315 of 2017 to permit him to file his evidence affidavit under Section 145 of the Act and the same was dismissed by the trial Court. Aggrieved by the said Order of dismissal, the present petition has been filed.
4. Heard Sri S
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.
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 court established that under Section 145 of the Negotiable Instruments Act, only complainants can provide evidence via affidavit, not the accused.
Advocates appeared :For the Appellant : Yashpal Thakur, Mukund Pandya For the Respondent : Amit Palkar, Mukesh Modi
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 central legal point established in the judgment is the admissibility of the accused's evidence on affidavit in a Section 138 proceeding under the Negotiable Instruments Act, 1881, and the nature ....
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.
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.
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.
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