PEACOCK INDUSTRIES Vs. WIPRO FINANCE LTD

JUDGEMENT

(1.) HEARD the learned advocate for the petitioners i.e. original accused and the learned A.P.P. for the State.

(2.) THE petitioners are facing prosecution in Criminal Case Nos.2558/SS/2005, 2599/SS/2005 and 2600/SS/2005 which are pending before the learned Special Metropolitan Magistrate, Small Cause Court, Mumbai. The said case is under Section 138 of Negotiable Instruments Act. In the said case the complainant has filed an affidavit of evidence by way of examination in chief as per amended provisions under Section 145 of the Negotiable Instruments Act. The said affidavit was taken on record.

(3.) THE learned advocate for the petitioners has submitted that various facts are introduced in the examination in chief in the form of affidavit which do not find place in the complaint, this would cause prejudice to the petitioners, hence, the complainant ought to be directed to lead oral evidence in the form of examination in chief. However, it is pertinent to note that the evidence in the form of affidavit is subjected to cross examination under Section 145 of Negotiable Instruments Act. In such case all the omissions or contradictions can be brought on record during the course of cross examination. Hence, there can be no question of prejudice to the accused.