Negotiable Instruments Act, Section 145

Negotiable Instruments Act, Section 145: Evidence on Affidavit

Section 145 of the Negotiable Instruments Act, 1881 provides a special procedure for recording evidence in cheque dishonour cases by allowing the complainant to give evidence through an affidavit instead of oral examination at the initial stage.

The provision was introduced to simplify and expedite proceedings under Section 138 and to reduce delays caused by the lengthy recording of evidence in court.

1. Purpose of Section 145

The main object of Section 145 is to speed up cheque dishonour trials by simplifying the recording of evidence and reducing unnecessary court delays.

The provision makes proceedings more efficient and practical while recognizing that cheque dishonour cases are commercial disputes requiring quicker disposal.

2. Overriding Effect of the Provision

Section 145 begins with a non-obstante clause providing that it applies notwithstanding anything contained in the Code of Criminal Procedure, 1973.

Accordingly, the special procedure under this section overrides ordinary rules relating to evidence and permits the use of affidavit evidence in such proceedings.

3. Evidence by Affidavit

Sub-section (1) provides that the complainant may give evidence on affidavit, and therefore is not required to give oral examination-in-chief in every case.

A sworn written statement may be filed before the court and may be read as evidence during the inquiry, trial, or other proceedings.

4. Meaning of Affidavit Evidence

An affidavit is a written statement made under oath or affirmation and may contain facts relating to the issuance and dishonour of the cheque.

It may also include details regarding service of the statutory notice and failure of payment by the drawer, thereby helping to streamline the trial process.

5. Subject to All Just Exceptions

The section provides that affidavit evidence may be read in evidence “subject to all just exceptions,” meaning that the affidavit must satisfy applicable legal requirements.

The opposite party may object to any inadmissible or improper portions of the affidavit, and normal principles of evidence continue to apply.

6. Power of Court to Summon and Examine Witness

Sub-section (2) empowers the court to summon and examine any person who has given evidence on affidavit during the proceedings.

The court may do so on its own motion or on the application of the prosecution or the accused, thereby ensuring fairness and proper examination of the evidence.

7. Right of Cross-Examination

Where a person giving affidavit evidence is summoned, the opposite party is entitled to cross-examine the witness on the facts stated in the affidavit.

This opportunity for cross-examination safeguards the accused’s right to a fair trial and ensures proper testing of the evidence.

8. Balance Between Speed and Fairness

Section 145 balances the need for speedy disposal of cheque dishonour cases with the rights of parties to challenge and test the evidence presented.

While affidavit evidence helps reduce procedural delays, the right to summon and examine witnesses safeguards the principles of natural justice and fair trial.