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CS Professional · Banking and Insurance - Laws and Practice · Payment and Collection of Cheques and Other Negotiable Instruments

In a Section 138 complaint, the complainant, Meera Agencies, wants to give its evidence by affidavit to save time. The accused objects and wants the complainant's deponent to be examined on the facts stated. Under Section 145, what is the position?

Affidavit evidence by the complainant is allowed under Section 145, but the Court must summon and examine the deponent on the facts if either the prosecution or the accused applies. The accused's request therefore obliges the Court to examine the deponent.

  1. AAffidavit evidence is not permitted in criminal proceedings under the Code of Criminal Procedure
  2. BAffidavit evidence is permitted, and the Court shall summon and examine the deponent if the accused appliesCorrect
  3. CAffidavit evidence is permitted, but the Court may summon the deponent only if the prosecution applies
  4. DAffidavit evidence is permitted and the deponent cannot be summoned once the affidavit is filed

Explanation

Section 145(1) lets the complainant's evidence be given on affidavit, read in evidence in any enquiry or trial subject to just exceptions. Under Section 145(2) the Court may summon the deponent if it thinks fit, and shall do so on the application of the prosecution or the accused. The accused's application therefore makes examination mandatory.

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