Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit by accused - Accused cannot be permitted to file affidavit in lieu of examination-in-chief in proceedings u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Dismissal of application u/s 145(2) of the Act on the ground that no cross-examination of complainant was required - S.145(2) of the Act mandates that once application by accused is filed, Court is obliged to summon person who has given evidence on affidavit in terms of S.145(1) of the Act -..........
Negotiable Instruments Act, 1881, Section 138, 145(1) -- Dishonour of cheque - Evidence on affidavit - Evidence already given by complainant by way of affidavit is sufficient proof of offence - This evidence not required to be given again in terms of S.145(1) of the Act and has to be read during trial...........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - Defence evidence - An accused who considers that he has a tenable defence and case against him was not maintainable, he can enter his plea on very first day of his appearance and file an affidavit in his defence evidence and if he is so advised, he can also file an application for recalling..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Application for cancellation of issuance of non-bailable warrant was dismissed - Record does not reflect that accused persons were served with copy of evidence on affidavit of complainant - As such they could not be insisted to cross examine complainant on the same day - Despite application for..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Summary trial - Evidence already given by complainant by way of affidavit is sufficient proof of the offence and this evidence is not required to be given again in terms of S.145(1) of the Act and has to be read during trial - Complainant or other witnesses can be recalled only when accused..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - An accused is not entitled to give evidence on affidavit - S.145(1) of the Act does not confer a right on accused to give evidence on affidavit - Right available to a complainant to adduce evidence by affidavit in lieu of examinatio, i, chief, is not available to an accused...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 137 -- Dishonour of cheque - An accused is not entitled to give evidence on affidavit - Affidavit of examinatio, i, chief of accused is no examinatio, i, chief of accused - Tendering of a witness for cross examination, without conducting examinatio, i, chief amounts to giving up of the witness -..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200, 482 -- Summoning order - Quashing of - Contention that affidavit filed by complainant with criminal complaint was inadmissible in evidence since the same is not signed by deponent - Held, petitioner may take such plea of defence before trial Court - No illegality in impugned..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence of complainant may be given on affidavit not only during course of trial but also at pre-summoning stage - Cognizance taken on basis of affidavit alone - Not fatal...........
