JAYWANT SUKHADEO GADEKAR Vs. PRAKASH PANJABRAO RAUT

JUDGEMENT

(1.) Heard Mr. A. Sambre, learned counsel for the applicant, Mr. Bhalerao, learned counsel for respondent no.1 and Mr. Mandpe, learned A. P.P. for respondent no. 2.

(2.) By this application under Section 482 of the Code of Criminal Procedure ("the Code" for short) the applicant, who is the accused in Complaint Case No. 309/1995 pending before the Judicial Magistrate First Class, Ner takes exception to the Order dated 10.11.2005 passed by the learned Magistrate by which the application filed by the applicant to adduce his evidence on affidavit has been rejected with costs of Rs. 500/-. Learned Magistrate has held that there is no provision in law for the accused to lead evidence on affidavit.

(3.) Mr. Sambre, learned counsel for the applicant placing reliance upon Section 145 (2) of Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act") submitted that the accused is entitled to lead evidence on affidavit and there is no bar for an accused to lead his evidence under Section 315 of the Code on affidavit. In support of his submissions, Mr. Sambre relied upon the judgment of this Court in M/s. Indraprastha Holdings Ltd. Vs. Shri Vijay J. Shah and Anr. : 2005 ALL M R (Cri.) 3007.