JUDGMENT

Surinder Gupta, J. - A short question, which arises in this petition, is as to whether accused while appearing as witness in defence can be allowed to lead his evidence on affidavit?

2. Learned trial Court declined the request of petitioner (accused) while relying on observations in case of Mandvi Cooperative Bank Limited vs. Nimesh B. Thakore, (2010) 3 SCC 83 .

3. Learned counsel for the petitioner has argued that in case of Indian Bank Association and others vs. Union of India and others, (2014) 5 SCC 590 , it has been observed that the Court in the complaint case under the provisions of Negotiable Instruments Act may allow the accused to give his evidence on affidavit unless there is a just and reasonable ground to refuse such permission. Statement of accused, in this case, is based on lot of documentary evidence, which cannot be deposed in oral statement, as such, allowing of permission to accused to give his evidence on affidavit will not cause any prejudice to complainant and order of trial Court relying on observations in case of Mandvi Cooperative Bank Ltd. (supra) is not sustainable.

4. The Apex Court in case of Mandvi Cooperative Bank Ltd. (supra) took up and deci