Can a criminal court compel the complainant in a prosecution under Section 138 of the Negotiable Instruments Act of file proof affidavit in lieu of examination in chief?

2. The learned Magistrate before whom the case came up for consideration insisted that the complainant should file a proof affidavit. Though the complainant who was present in court was prepared to step in to the witness box and give evidence, the learned Magistrate took the view that the complainant was bound to file a proof affidavit under Section 145 of the Act. According to the learned Magistrate, the obstinacy shown by the complaint in refusing to file the affidavit was not justified. Therefore the learned Magistrate proceeded to acquit the accused under Section 255(1) of the Code of Criminal Procedure.

3. Section 145 of the Act reads thus:-

“Evidence on affidavit:- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the evidence of the complainant may be given by him on affidavit and may, subject to all just exceptions be read in evidence in any enquiry, trial or other proceeding under the said code.

(2) The Court may, if it thinks fit, and shall, on the applic