THANAIYA Vs. BALASAMY NADAR (KERALA)

JUDGEMENT

(1.) The above Revision Petition is filed against the order dated 20.12.2004 passed by the learned District Munsif-cum-Judicial Magistrate. Tiruchendur in Crl. M.P. No. 5021 of 2004 in C.C. No. 207 of 2002, rejecting the petition filed by the petitioner under Section 145 of Negotiable Instruments Act. The petitioner herein is the accused in the Trial Court. The petitioner herein has filed an application under Section 145 of Negotiable Instruments Act, 1881 before the Trial Court to adduce evidence on affidavit.

(2.) The learned Magistrate by an order dated 20.12.2004 dismissed the said application by holding that Proviso (2) of section 145 does not enable the accused to adduce evidence on affidavit and the said application was filed to protract the proceedings.

(3.) Aggrieved against the said order, the above Criminal Revision Petition is filed. The learned Counsel for the revision petitioner would submit that section 145, proviso (1) enables the complainant to give evidence on affidavit. The learned Counsel would further add that the complainant and the accused should be treated on part and as such the accused shall examine him on affidavit 'and accordingly prays to set aside the order of the Court below.