A person who preferred his evidence on affidavit, need not make oral deposition in court, before the accused is summoned or required to cross-examine

Having gone through the judgment relied upon by the learned counsel for the petitioner, we find that the same is wholly inapplicable to this case. In Mandvi Coop. Bank’s case (supra) the accused on being summoned under Section 145(2) of the Negotiable Instruments Act, raised the plea, that inspite of the complainant having filed his evidence by way of an affidavit under Section 145(1), the complainant must be orally examined in chief all over again,

before the accused is summoned or called upon to cross-examine the complainant. This Court while disposing of the aforesaid controversy interpreted Section 145(2) of the Negotiable Instruments Act to conclude, that a person who had preferred his evidence on affidavit, need not make an oral deposition in court, before the accused is summoned or is required to cross-examine him. This is not the issue in the present controversy. We are therefore satisfied, that the reliance placed by the learned counsel for the petitioner on Mandvi Coop. Bank’s case (supra) is wholly misconceived.

SUPREME COURT OF INDIA

Please become a Premium member. If you are already a Premium member, login here to access the full content.