RADHEY SHYAM GARG versus NARESH KUMAR GUPTA

RADHEY SHYAM GARG versus NARESH KUMAR GUPTA

A witness who has given evidence by affidavit under Section 145 of the Negotiable Instruments Act, 1881 cannot be summoned again for examination-in-chief in court; summoning is only for the purpose of cross-examination.

Parties
Appellant: Radhey Shyam Garg; Respondent: Naresh Kumar Gupta
Jurisdiction
India
Judgment Date
05 May 2009
Procedural Posture
Criminal Appeal / Appeal From Judgment of the High Court of Delhi in Criminal M.c. No.1522 of 2008
Outcome
Appeal dismissed with costs
Legal Topics
Negotiable Instruments, Affidavit Evidence, Criminal Trial Procedure, Witness Examination
Criminal Law Banking Law Negotiable Instruments Affidavit Evidence Criminal Trial Procedure Witness Examination

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Parties

Radhey Shyam Garg

Appellant

Naresh Kumar Gupta

Respondent

Procedural Posture

Criminal Appeal / Appeal From Judgment of the High Court of Delhi in Criminal M.c. No.1522 of 2008

Legal Issues

  1. 1 Whether a witness can again be summoned for his examination-in-chief in court despite affirming affidavits in that behalf under the Negotiable Instruments Act, 1881

Ratio Decidendi

A witness who has given evidence by affidavit under Section 145 of the Negotiable Instruments Act, 1881 cannot be summoned again for examination-in-chief in court; summoning is only for the purpose of cross-examination.

Court Disposition

Appeal dismissed with costs

Orders

  • Registrar (Judicial) to conduct an enquiry in terms of Section 340 of the Code of Criminal Procedure regarding signature dissimilarity and submit a report to the Court
  • Trial of the matter to continue before the court below