Back
A. S. GADKARI
SBI GLOBAL FACTORS LTD. – Appellant
Versus
STATE OF MAHARASHTRA – Respondent
ORAL JUDGMENT : – Rule. Rule made returnable forthwith and by consent of learned counsel for the respective parties, Petition is taken up for final hearing.
2. By the present Petition under Article 227 of the Constitution of India, the petitioner, original complainant, has impugned Order dated 1st April 2019 passed by the learned Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai, in C.C. No.4311/SS/2015, thereby rejecting its application dated 1st April 2019, for discarding evidence of accused and for directions to the accused to lead oral evidence.
3. Heard Mr. Thakur, learned counsel for the petitioner, Mr. Palkar, learned A.P.P. for respondent No.1-State and Mr. Modi, learned counsel for respondent Nos.2 to 4. Perused record.
4. The record reveals that, the petitioner has instituted a complaint bearing C.C. No.4311/SS/2015 in the Court of learned Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai, under Section 138 read with 141 of the Negotiable Instruments Act, 1881. After receipt of summons, the respondent Nos.2 and 4 appeared before the Court. The respondent No.4 (accused No.3) filed an Affidavit of Evidence in lieu of Examination-in-Chief dated 5th March 20
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.
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.
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 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 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.
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 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
