Dishonour of Cheque -- Evidence-In-Chief By Affidavit -- Accused Cannot Submit Evidence-In-Chief By Affidavit In Cheque Dishonour Cases -- S.145(1) NI Act Confined To Complainant
Under Section 145(1) of the Negotiable Instruments Act, 1881, only the complainant may present evidence-in-chief by way of an affidavit in a cheque dishonour case under Section 138. The provision expressly uses the term "complainant" and does not extend the same liberty to the accused. Courts cannot supply words deliberately omitted by the legislature. The accused must render evidence-in-chief before the court, following normal procedure.
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