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Section 145: Evidence on affidavit by complainant

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Evidentiary Rule
Expeditious Evidence
JMFC / MM
Act 1881
Section 144 All 148 Sections of Negotiable Instruments Act Section 146

Legal Commentary & Landmark Judgments: Section 145

Section 145 allows the complainant to give evidence on affidavit, expediting trial proceedings while preserving the accused's statutory right to recall and cross-examine the witness.

  • Evidence on Affidavit for Complainant: The complainant's examination-in-chief may be tendered wholly on an affidavit, accompanied by original documents.
  • Accused's Right to Recall for Cross-Examination: Under Section 145(2), the court SHALL, on the application of the accused, recall the complainant for cross-examination.
  • Defense Evidence on Affidavit Not Permitted: The Supreme Court in Mandvi Cooperative Bank held that the facility of giving evidence on affidavit is exclusive to the complainant and cannot be claimed by the accused.
Key Landmark Precedents:
  • Mandvi Cooperative Bank Ltd. v. Nimesh B. Thakore (2010) 3 SCC 83: The Supreme Court authoritatively held that Section 145(1) confers the right of evidence on affidavit exclusively on the complainant; the accused must step into the witness box personally if they wish to lead defence oral evidence.
  • Radhey Shyam Garg v. Naresh Kumar (2009) 13 SCC 201: Affirmed that the right of the accused to cross-examine the complainant under Section 145(2) is a mandatory statutory right that cannot be curtailed by the trial court.
Courtroom Practice & Strategic Litigation Guidance:

Draft the complainant's Section 145 affidavit with exhaustive care, proving the execution, consideration, bank memo, and postal receipt. For defence counsel, file a formal Section 145(2) application at the earliest to recall the complainant for cross-examination; cross-examination is the accused's primary weapon to dismantle the statutory presumption.

Section 144 All 148 Sections of Negotiable Instruments Act Section 146