IMPORTANT POINT
Section 145 of Negotiable Instruments Act provides of evidence of complainant by way of affidavit.

Dalveer Bhandari, C.J.— All these petitions emanate from the proceedings under Section 138 of the Negotiable Instruments Act, 1881 (for short, “the Act”). Therefore, we propose to decide these petitions by a common Judgment.

2. These petitions raise following two issues, which are required to be determined:

(i) Whether the complaint under Section 138 of the Act, according to the legislative mandate, requires to be adjudicated expeditiously and in any event, within six months from the date of the service of summons or warrants on the accused?

(ii)Whether, in spite of mandate of Section 145(1) of the Act, the Court is obliged to examine the complainant even in respect of matters which have been stated on affidavit?

3. Now, we would deal with basic facts and issues involved in individual petitions. Criminal Writ Petition No.1228 of 2004:—

4. The petitioner-Company approached this Court against the Order of the learned Sessions Judge delivered in Criminal Revision Application No. 713 of 2003 on 28th November, 2003 in proceedings emanated from Section 138 of the Act. The learned Metropolitan Magistrate, Mumbai, by his Order dated 1st August, 2003, arrived at the conclusion that the amendment, more particularly in Section 145 of the Act, has been introduced by the Legislature with an intent to accelerate disposal of the cases. Sub-section (1) has provided right and liberty to the Company to file its evidence (examination-in-chief) by way of an affidavit. The Court directed the matter to be placed for the cross-examination of the witness after examination-in-chief was tendered by filing affidavit.

5. Aggrieved by the Order, accused-respondent, Mannalal Khandelwal, filed a Criminal Revision Application, No.713 of 2003, before the learned Sessions Judge, Greater Mumbai, at Mumbai. The learned Additional Sessions Judge, by Order dated 28th November, 2003, set aside the Order dated 1st August, 2003 passed by the Metropolitan Magistrate and consequently, the application filed by the respondent for recording of examination-in-chief in Court of the complainant’s witness Dhananjay Varma was allowed. This petition is directed against the said Order passed by the Additional Sessions Judge on 28th November, 2003.

6. The learned Single Judge of this Court in the impugned Order raised a question whether in spite of mandate of Section 145(1) of the act (which has been inserted by amending Act No.55 of 2002 with effect from 6th February. 2003), the Court is obliged to examine the complainant even in respect of matters which have been stated on affidavit, which is to be treated as examination-in-chief of the witness. The learned Single Judge has also referred to the observations of the Supreme Court in Ameer Trading Corporation Ltd. v. Shapoorji Data Processing Ltd.1, and Order dated 2nd September, 2004 of this Court passed in Criminal Writ Petition No. 26 of 2004 in Raminder Singh Sahani v. Japfa Oberoi Agro Ltd. The observation made in this case was that the law, as understood by another single Judge of this Court, is that in view of the expensive provision contained in Section 145(2) of the Act in spite of filing of affidavit, the complainant is obliged to enter the witness-box to depose in the same matter. According to the learned single Judge, this aspect needs to be authoritatively decided by the Court, and reference was made by him to the Division Bench of this Court. We propose to dispose of this Writ Petition, along with the other two petitions mentioned above, by a common Judgment.

7. The question involved in PIL Nos. 151 and 157 of 2004 is broadly the same, therefore, we would like to decide these petitions by this common Judgment.

8. PIL No.151 of 2004 relates to cases pertaining to Section 138 of the Act. In this case, a criminal complaint was filed under Section 138 of the Act against the accused, who issued a cheque for Rs.3,15,300 for discharge of legal liability on 14th July, 2003. The said cheque was dishonoured with the