JUDGMENT

N. J. Jamadar, J. - Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, heard finally.

2. The following question of law is sought to be raised in all these petitions, which arises in the backdrop of almost identical facts.

'Whether a person who is an accused in complaint for an offence punishable under section 138 of NI Act, 1881 is entitled to give evidence on an affidavit as provided under section 145 of the NI Act, 1881 ?'

3. The bare minimum facts required to be noted to determine the aforesaid question of law can be summarized as under:-

The original complainant-Respondent No. 2, in each of the petitions, filed complaints for commission of offence punishable under section 138 of Negotiable Instruments Act, 1881 (NI Act, 1881) alleging issue, presentment and dishnour of the cheques, drawn by the petitioners and the failure of the petitioners to pay the amount covered by the cheques despite service of the demand notice within the stipulated period. The complainant adduced evidence and upon completion of the evidence, the statement of the accused, under section 313 of the Code of Criminal Procedure, 1973 came to be recorded. In the s