Case Note & Summary
The petitioner, Smt. Devika Veeranna, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 before the High Court of Karnataka, Bengaluru, seeking to quash an order dated 14.06.2018 passed by the Court of XXIV Additional Small Cause Judge and XXII Additional Chief Metropolitan Magistrate, Bengaluru, in CC No.949/2018. The impugned order rejected a memo filed by the petitioner. The case arose from a complaint under the Negotiable Instruments Act, 1881 filed by the respondent, M/s Measurez, a partnership firm represented by its partner Sri D H Kiran. The trial court, after the accused appeared and recorded his plea, posted the case for cross-examination of PW-1 on an application filed under Section 145(2) of the NI Act by the accused. The petitioner contended that the trial court had proceeded with evidence by way of affidavit and marked documents at the time of sworn statement itself, which should not have been done, and that the court should have insisted on a fresh affidavit and marking of documents afresh after the accused's appearance. The High Court, after hearing the petitioner's counsel and perusing the records, examined Section 145 of the Negotiable Instruments Act, which deals with evidence on affidavit. The court held that Section 145 of the NI Act permits evidence by affidavit even before the accused's appearance, and the trial court's procedure was valid. The court found no ground to interfere with the impugned order under Section 482 Cr.P.C. and dismissed the petition.
Headnote
A) Criminal Procedure - Quashing of Order - Section 482 Cr.P.C. - Inherent Powers - Petition to quash order dated 14.06.2018 in CC No.949/2018 rejecting memo filed by accused - Court held that Section 145 of NI Act permits evidence by affidavit even before accused's appearance and trial court's procedure was valid - Held that no interference warranted under Section 482 Cr.P.C. (Paras 2-4) B) Negotiable Instruments Act - Evidence by Affidavit - Section 145 NI Act - Evidence on affidavit - Trial court proceeded with evidence by affidavit and marked documents at sworn statement stage - Court held that Section 145 of NI Act permits such procedure and there is no requirement to insist on fresh affidavit after accused's appearance - Held that the order rejecting memo was proper (Paras 3-4)
Issue of Consideration
Whether the trial court erred in proceeding with evidence by way of affidavit and marking documents at the stage of sworn statement before the accused appeared, and whether such order should be quashed under Section 482 Cr.P.C.
Final Decision
The High Court dismissed the petition, holding that Section 145 of the Negotiable Instruments Act permits evidence by affidavit even before the accused's appearance, and the trial court's procedure was valid. No interference was warranted under Section 482 Cr.P.C.
Law Points
- Section 145 of the Negotiable Instruments Act
- 1881 permits evidence by affidavit
- Section 145(2) allows cross-examination on application
- Section 482 Cr.P.C. inherent powers not to be exercised to interfere with procedural orders
