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Issues involved:
The petition involves the quashing of an order passed by the Trial Court allowing the respondent-accused to lead evidence in defense by submitting an affidavit, contrary to the provisions of Section 145 of the Negotiable Instruments Act. Summary: Issue 1: Quashing of order allowing respondent to lead evidence by affidavit The petitioner, the original complainant in a Summary Criminal Case, sought to quash the Trial Court's order permitting the respondent-accused to lead evidence in defense by submitting an affidavit. The petitioner argued that as per Section 145 of the Negotiable Instruments Act and a relevant Supreme Court decision, the accused cannot lead evidence through an affidavit. The respondent's counsel did not dispute this position. The Court, after considering the submissions and legal provisions, concluded that the direction allowing the respondent to adduce evidence via affidavit was unwarranted and legally unsustainable. The Court quashed this part of the order and directed the respondent to adduce evidence in accordance with the law within a specified time frame to ensure expeditious disposal of the case. Outcome: The petition was allowed to the extent of quashing the part of the order permitting the respondent to adduce evidence by submitting an affidavit. The parties were directed to appear before the Trial Court on a specified date for the respondent to present evidence. The Trial Court was further directed to complete the case expeditiously, with a deadline set for finalization. The Court made the rule absolute in the aforementioned terms.
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