LOG IN TO READ / DOWNLOAD judgment
(i) Negotiable Instruments Act, 1881 (26 of 1881), Section 145(2) – Makes it possible for the evidence of the complainant to be taken without presence of an accused being an essential prerequisite condition – Complainant can give his evidence by way of an affidavit and such affidavit shall be read in evidence in any inquiry/trial or other proceedings in the Court – In case the complainant is required to be re-examined, the Court needs to pass a specific order either on the application under Section 145(2) of the N.I. Act or suo motu by the Court.
(ii) Negotiable Instruments Act, 1881 (26 of 1881), Section 145 – After serving notice in terms of Section 251 of the Cr.P.C., upon an accused, the Trial Court shall fix the case for defence evidence, unless an application is made by the accused under Section 145(2) of the Act for recalling a witness for cross-examination – Magistrate must ensure that the procedure relating to examination-in-chief, cross-examination and re-examination of the complainant must be conducted within three months of assigning the case – In case the complainant is required to be re-examined, the Court needs to pass a specific order either on the application under Section 145(2) of the N.I. Act or suo motu by the Court.