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Supreme Court Of India

(From : 2008 (151) DLT 310)

Hon'ble Judge(s): Satya Brata Sinha, Mukundakam Sharma , JJ

Negotiable Instruments Act (26 of 1881) , S.145— Evidence on affidavit - Summoning of deponent u/S.145(2) for examination as to facts contained in affidavit - Can be only for cross-examination of deponent - Not for his examination-in-chief. Under S. 145 the Court subject to just exception may allow the complainant to give evidence by way of affidavit. Such an evidence by way of affidavit had been made admissible in evidence in any enquiry, trial or other proceedings under the Code. Whereas sub-section (1) of S. 145 uses the term 'may' sub-section (2) thereof uses the term 'shall.' The first part of the aforementioned provision must be read with sub-section (1) of S. 145. It therefore merely points out to the discretionary power of the Court conferred upon it by reason thereof. The Court however has no other option but to summon and examine any person who has given evidence on affidavit as to the facts contained therein if an application is filed either by the prosecution or the accused. Section 145 must be read reasonably. If affidavit in terms of the provisions of S. 145 of the Act is to be considered to be an evidence it is difficult to comprehend as to why the Court will ask the deponent of the said affidavit to examine himself with regard to the contents thereof once over again. He may be cross-examined and upon completion of his evidence he may be re-ex....