The Supreme
Court in M/s Mandvi Co-op Bank Ltd. v
Nimesh B. Thakore (AIR 2010 SC 1402 = (2010)3SCC83) ruled that in cheque
bouncing cases, the right to give evidence on affidavit, as provided to the
complainant under section 145 of the Negotiable Instruments Act, is not
available to the accused, on a bare
reading of Section 143 it is clear that the legislature provided for the
complainant to give his evidence on affidavit and did not provide for the accused to similarly do so.
Prepared by:
S. Hemanth
Advocate at Hemanth
& Associates
