NIA S. 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.

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.

2022 PLRonline 8153 (P&H)

M/S HARIHAR POLYMERS v. M/S SABSONS AGENCIES PVT. LTD, (2022-1)205 PLR 370, 2022 PLRonline 8153