RENU SINGHAL Vs. PURAN CHAND

JUDGEMENT

(1.) BY this criminal miscellaneous petition under Section 482 Cr.P.C, the order dated 5-4-2007 passed by the Judicial Magistrate, Sri Vijaynagar, district Sri Ganganagar (for short, "the Trial Court" hereinafter) in Criminal Case No. 203/2005, has been challenged by the accused-petitioner on the ground that the Trial Court fell in error in taking the evidence on affidavit.

(2.) I have heard learned counsel for the parties. Carefully gone through the order impugned.

(3.) SECTION 145 of the Act pertains to evidence on affidavit and provides that (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 exceptions be read in evidence in any enquiry, trial or other proceeding under the said Code. Sub-section (2) of Section 145 of the Act provides that 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.