Sec. 138 - Evidence of Accused through Affidavit whether permissible

2010(1) CURRENT TAMILNADU CASES – Page 693 – SUPREME COURT

Negotiable Instruments Act, 1881 (26 of 1881), Section 145 – Can complainant’s witness be compelled to depose in chief-examination after adducing evidence on Affidavit – Sections 143 to 147 of Negotiable Instruments Act establishes simplified procedure for trial of cases relating to dishonored cheques and such procedure is intended to be swifter that summary trials – Affidavit filed by complainant’s witness on evidence constitutes examination-in-chief and he can be summoned and subjected to cross-examination only – Complainant can summon such witness for re-examination only – Complainant can summon such witness for re-examination – Such witness filing affidavit on evidence can be summoned on objection regarding validity, sufficiency of proof of documents submitted along with affidavit on evidence.

Person accused of an offence under Section 138 of cannot give evidence on affidavit – There is difference between nature of complainant’s evidence of accused in case of dishonoured cheque – Defence evidence cannot be equated with complainant’s evidence and accused cannot give evidence on affidavit in dishonoured cheques.