H.R.PANWAR, J. - (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. It appears that a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act" hereinafter) has been filed by respondent Puran Chand against the petitioner, which is pending in the Trial Court. The matter was posted for the evidence of the complainant, who filed an affidavit in evidence. The accused-petitioner filed an application seeking the Trial Court to record the examination-in-chief as also the cross-examination by oral evidence and not by an affidavit. Keeping in view the provisions of Section 145 of the Act, the Trial Court dismissed the application. Hence this criminal miscellaneous petition.
(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.;