THANAIYA Vs. BALASAMY NADAR

JUDGEMENT

(1.) THE above Revision Petition is filed against the order dated 20.12.2004 passed by the learned District Munsiff-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 S.145 of Negotiable Instruments Act.

(2.) THE petitioner herein is the accused in the trial Court. THE petitioner herein has filed an application under S.145 of Negotiable Instruments Act, 1881 before the trial Court to adduce evidence on affidavit.

(3.) TO resolve the issue involved, it is useful to extract the relevant provision, viz., S.145 of the Negotiable Instruments Act, 1881 which reads as follows: "Evidence on affidavit:-- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the evidence of the complainant may be given by him on affidavit and; may, subject to all just exception be read in evidence in any enquiry, trial or other proceedings under the said Code. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any person giving evidence on affidavit as to the facts contained therein.