Section 145 of the Negotiable Instruments Act, 1881 - Evidence on Affidavit
Section 145 is a special evidence provision for proceedings under Chapter XVII of the Negotiable Instruments Act. It permits the complainant's evidence to be given by affidavit and enables the court, on its own or on application, to summon and examine a person whose evidence has been given on affidavit.
Affidavit evidence: the complainant may give evidence by affidavit, subject to all just exceptions.
Use in proceedings: the affidavit may be read in evidence in an enquiry, trial or other proceeding covered by the provision.
Examination: the court may summon an affidavit witness if it thinks fit and must do so on an application by the prosecution or accused.
Purpose: the provision forms part of the special procedure designed to simplify and expedite cheque dishonour cases.
Section 145 - Evidence on affidavit
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the evidence of the complainant may be given by the complainant on affidavit and may, subject to all just exceptions, be read in evidence in any enquiry, trial or other proceeding under the Code.
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 in the affidavit.
Meaning and scope of Section 145
The expression evidence on affidavit means that the complainant's evidentiary statement may be placed before the court in a sworn written form instead of requiring the entire examination-in-chief to be recorded orally in the ordinary manner. The affidavit remains subject to legal objections concerning admissibility, relevance and other just exceptions.
Examination and cross-examination of an affidavit witness
Section 145(2) balances the use of written evidence with the right to test that evidence. The court may summon and examine an affidavit witness on its own. If the prosecution or the accused makes an application under the sub-section, the statutory text states that the court shall summon and examine the person as to the facts contained in the affidavit.
Supreme Court principles on Section 145
The Supreme Court examined Section 145 in detail and treated the 2002 amendment as a special procedural measure intended to make cheque dishonour trials simpler and faster. Once the complainant's evidence is given on affidavit, the statutory mechanism does not require the same examination-in-chief to be repeated orally merely because the witness is summoned under Section 145(2). The witness can be examined in relation to the facts contained in the affidavit.
The Court has emphasised that Sections 143 to 147 constitute special procedural provisions for speedy disposal of cheque dishonour cases. Affidavit evidence may include legally admissible and relevant material and documents, while the court retains control over the nature and extent of examination.
CrPC reference in Section 145 and the current procedural context
The enacted text of Section 145 continues to refer to the Code of Criminal Procedure, 1973. The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and repealed the Code of Criminal Procedure, 1973 subject to statutory savings and transitional provisions.
The wording of Section 145 should therefore be reproduced as enacted, while current proceedings must also be considered in light of the presently applicable general criminal procedure and any saving provision relevant to the proceeding. Section 145 itself remains the special Negotiable Instruments Act provision authorising complainant evidence on affidavit.
Official sources
Negotiable Instruments Act, 1881 - India Code