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Supreme Court Of India

Hon'ble Judge(s): Tarun Chatterjee, Aftab Alam , JJ

(A) Negotiable Instruments Act (26 of 1881) , S.145(2)— Scope - Person giving evidence on affidavit - On being summoned on application of accused - Can only be subjected to cross-examination as to facts stated in affidavit - It is not open to accused to insist that before cross-examination he must first depose in examination-in-chief. Evidence Act (1 of 1872) , S.137— Criminal P.C. (2 of 1974) , S.296(2)— Sub-section (2) of S.145 uses both the words, "may" (with reference to the court) and "shall" (with reference to the prosecution or the accused). It was, therefore, beyond doubt that in the event an application is made by the accused, the court would be obliged to summon the person giving evidence on affidavit in terms of S.145(1) without having any discretion in the matter.(Para 21) Once it is realized that Ss. 143 to 147 were designed especially to lay down a much simplified procedure for the trial of dishonoured cheque cases with the sole object the trial of those cases should follow a course even swifter than a summary trial and once it is seen that even the special procedure failed to effectively and expeditiously handle the vast multitude of cases coming to the court, the claim of the accused that on being summoned under Section 145(2), the complainant or any of his witnesses whose evidence is given on aff....