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TMI Blog2021 (9) TMI 1551X X X X Extracts X X X X X X X X Extracts X X X X ..... OURT] and also MANDVI CO-OP. BANK LTD. VERSUS NIMESH B. THAKORE [ 2010 (1) TMI 570 - SUPREME COURT] held that the petitioner being an accused, who is facing trial in complaint under the provisions of Negotiable Instrument Act, is not competent to tender his evidence through affidavit and learned trial Court has not committed any error while declining permission to this effect to the petitioner. The Apex court in case of Indian Bank Association was dealing with the issue of laying down appropriate guidelines/directions to be followed by the Courts while trying complaints under Section 138 of the Negotiable Instruments Act and the issue before the Apex Court was to ensure expeditious disposal of such cases. Though, reference to observations o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to these petitions, in shorts, are that the petitioners being accused are facing trial before the Judicial Magistrate First Class, Katni in cheque bouncing case Nos. 168/17 and 144/17 respectively. Presently, the case is fixed before the trial Court for recording the defence evidence and the petitioners had submitted their examination-in-chief in the form of affidavits, which were filed under Section 145 of the Negotiable Instruments Act on 29/11/2019 along with the applications for taking the evidence of the accused in the form of affidavits. The trial Court vide order dated 04/01/2020 rejected the applications as well as the affidavits filed by the accused. 4. The petitioners have filed these petitions for setting aside of the aforesaid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cooperative Bank Ltd. v. Manish B. Thakore, 2010 (3) SCC 83. In support of his contention, he has placed reliance upon a decision of Punjab and Haryana High Court passed in the case of Rajni Dhingra Vs. Sanjeev Singh, (2019) 4 Civ.C.C. 817 and also a Full Bench Decision of Madhya Pradesh High Court passed in the case of Jabalpur Bus Operators Association Ors. Vs. State of M.P. Another in W.P. No. 177 and 1629 of 2001 decided on 17.12.2002 and prayed that both the petitions be dismissed. 6. Having considered the contentions of learned counsel for both the rival parties and on minute perusal of the citations given by both the parties, this court finds much force on the contentions advance by learned counsel for the respondents. In the case o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 145 came up for consideration before this Court in Mandvi Cooperative Bank Limited v. Nimesh B. Thakore (2010) 3 SCC 83, and the same was explained in that judgment stating that the legislature provided for the complainant to give his evidence on affidavit, but did not provide the same for the accused. The Court held that even though the legislature in their wisdom did not deem it proper to incorporate a word accused with the word complainant in Section 145(1), it does not mean that the Magistrate could not allow the complainant to give evidence on affidavit, unless there was just and reasonable ground to refuse such permission. 8. The Apex court in case of Indian Bank Association (supra) was dealing with the issue of laying down appropriat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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