Saturday, 12 January 2019

Whether complainant in cheque dishonour case should examine himself twice?

We have indicated that Under Section 145 of the Act, the complainant can give his evidence by way of an affidavit and such affidavit shall be read in evidence in any inquiry, trial or other proceedings in the Court, which makes it clear that a complainant is not required to examine himself twice i.e. one after filing the complaint and one after summoning of the accused. Affidavit and the documents filed by the complainant along with complaint for taking cognizance of the offence are good enough to be read in evidence at both the stages i.e. pre-summoning stage and the post summoning stage. In other words, there is no necessity to recall and re-examine the complaint after summoning of accused, unless the Magistrate passes a specific order as to why the complainant is to be recalled. Such an order is to be passed on an application made by the accused or Under Section 145(2) of the Act suo moto by the Court.
IN THE SUPREME COURT OF INDIA

Writ Petition (Civil) No. 18 of 2013

Decided On: 21.04.2014

Indian Bank Association Vs. Union of India (UOI) 

Hon'ble Judges/Coram:
K.S. Panicker Radhakrishnan and Vikramajit Sen, JJ.
Citation: 2014(5) SCC 590.
Read full judgment here: Click here
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