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TMI Blog2024 (1) TMI 1292X X X X Extracts X X X X X X X X Extracts X X X X ..... tter and that has to be reasonably construed in light of the provision of Section 145(1) and having regard to the object and purpose of the entire scheme of Sections 143 to 146. The scheme of Sections 143 to 146 does not in any way affect the Judge's powers under section 165 of the Evidence Act.' In a recent decision of this Court in the case of SBI GLOBAL FACTORS LIMITED VERSUS THE STATE OF MAHARASHTRA, M/S. DHANSHREE TEXTILE INDUSTRIES [ 2021 (3) TMI 490 - BOMBAY HIGH COURT] , this Court has held that an accused could not be permitted to file an affidavit of evidence in lieu of the examination-in-chief. The order of learned Magistrate of not permitting the petitioner to adduce oral evidence, does not stand. Since, earlier the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation inter alia contending that the accused is not entitled to file an affidavit of examination-in-chief in place of his oral evidence as contemplated under Section 145 of the NI Act and therefore, he sought permission to adduce his oral evidence in support of his defence. The said application was opposed by the respondent. The Trial Court passed the impugned order rejecting the application of the petitioner. An unsuccessful attempt was made before the learned Adhoc District Judge-1 and Additional Sessions Judge, Khamgaon, District Buldhana. Feeling aggrieved with the impugned orders, the present petition came to be filed. 5. Heard Shri S. A. Dutonde, learned counsel for the petitioner. He has invited my attention to Section 145 of the NI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or by the accused the court must call the person giving his evidence on affidavit, again to be examined as to the facts contained therein. What would be the extent and nature of examination in each case is a different matter and that has to be reasonably construed in light of the provision of Section 145(1) and having regard to the object and purpose of the entire scheme of Sections 143 to 146. The scheme of Sections 143 to 146 does not in any way affect the Judge's powers under section 165 of the Evidence Act. 7. The decision in the case of Murlidhar Chandiram Gyanchandani (supra), the Co-ordinate Bench of this Court, in paragraph no. 6, has held as under:- 6. The learned counsel for the petitioner submitted that petitioner is not assa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Revision No. 21/2022 and order dated 01.04.2022 passed below Exh. 87 in Summary Criminal Case No. 329/2015 are hereby set aside. ii) The evidence of the petitioner i.e. affidavit of evidence in lieu of the examination-in-chief is discarded from the record. iii) The petitioner/accused is at liberty to adduce his oral evidence on payment of costs of Rs. 5,000/-(Rs. Five Thousand). iv) The parties are directed to appear before the Trial Court on 31.01.2024. v) The petitioner is at liberty to adduce his oral evidence, if he wants to examine himself in the case, on the said date or on such other dates, as may be fixed by the Trial Court on the said date. vi) Since, the case appears to be of the year 2015, the Trial Court is directed to decide ..... X X X X Extracts X X X X X X X X Extracts X X X X
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