SUBRAMANIAN M B Vs. P KRISHNAKUMAR

JUDGEMENT

(1.) Can a criminal Court compel the complainant in a pros ecution under Section 138 of the Negotiable Instruments Act to file proof affi davit in lieu of examination in chief

(2.) The learned Magistrate before whom the case came up for consider ation insisted that the complainant should file a proof affidavit. Though the complainant who was present in Court was prepared to step into the witness box and give evidence, the learned Magistrate took the view that the complain ant was bound to file a proof affidavit under Section 145 of the Act. According to the learned Magistrate, the obstinacy shown by the complainant in refusing to file the affidavit was not justified. Therefore, the learned Magistrate pro ceeded to acquit the accused under Section 255 (1) of the Code of Criminal Procedure.

(3.) Section 145 of the Act reads thus : "Evidence on affidavit: