M/S. MANDVI CO-OP BANK LTD. versus NIMESH B. THAKORE

M/S. MANDVI CO-OP BANK LTD. versus NIMESH B. THAKORE

Section 145(1) of the Negotiable Instruments Act confers the right only upon the complainant to give evidence by affidavit; the accused has no similar statutory right. On being summoned under Section 145(2), the complainant or witness whose evidence is given by affidavit need not depose in examination-in-chief...

Source-derived case information.

Parties
Appellant: M/S. Mandvi Co-op Bank Ltd.; Respondent: Nimesh B. Thakore
Jurisdiction
India
Judgment Date
11 January 2010
Procedural Posture
Criminal Appeal / Final Supreme Court Disposition
Outcome
Appeal No. 72 of 2010 allowed; remaining six appeals dismissed.
Legal Topics
Dishonour of Cheque, Summary Trial, Affidavit Evidence, Procedural Retrospectivity, Interpretation of Statutes
Criminal Law Banking Law Procedural Law Dishonour of Cheque Summary Trial Affidavit Evidence Procedural Retrospectivity Interpretation of Statutes

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Parties

M/S. Mandvi Co-op Bank Ltd.

Appellant

Nimesh B. Thakore

Respondent

Procedural Posture

Criminal Appeal / Final Supreme Court Disposition

Legal Issues

  1. 1 Is the right of the accused under Section 145(2) of the Negotiable Instruments Act, 1881 limited to cross-examination or does it include oral examination-in-chief after affidavit evidence?
  2. 2 Do the procedural provisions of Section 145 apply to cases pending on 06.02.2003, the date of their insertion?
  3. 3 Is the right to give evidence on affidavit under Section 145(1) available to the accused as well as the complainant?

Ratio Decidendi

Section 145(1) of the Negotiable Instruments Act confers the right only upon the complainant to give evidence by affidavit; the accused has no similar statutory right. On being summoned under Section 145(2), the complainant or witness whose evidence is given by affidavit need not depose in examination-in-chief afresh and may only be cross-examined. Sections 143-147 are procedural provisions and apply to cases pending at the date of their insertion. The High Court erred in holding the accused may give evidence by affidavit.

Court Disposition

Appeal No. 72 of 2010 allowed; remaining six appeals dismissed.

Orders

  • High Court direction allowing accused to give evidence on affidavit set aside.
  • Procedural provisions apply retrospectively to cases pending at commencement.