Case Note & Summary
The petitioner, Smt. Devika Veeranna, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) 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 C.C. No.949/2018. The impugned order rejected a memo filed by the petitioner. The background of the case involves a complaint under the Negotiable Instruments Act, 1881 (NI Act) filed by the respondent, M/s Measurez, a partnership firm represented by its partner Sri D H Kiran, against the petitioner. After the accused (petitioner) appeared and pleaded, the trial court 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's counsel argued 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; instead, the court should have insisted on a fresh affidavit and marking of documents after the accused's appearance. The High Court, after hearing the petitioner's counsel and perusing the records, examined Section 145 of the NI Act, which deals with evidence on affidavit. The court noted that Section 145 of the NI Act permits the complainant to give evidence by affidavit and that documents can be marked at the stage of sworn statement. The court found that the trial court's procedure was in accordance with law and that there was no ground to quash the order. Consequently, the High Court dismissed the criminal petition, upholding the trial court's order.
Headnote
A) Criminal Procedure - Quashing of Order - Section 482 Cr.P.C. - Negotiable Instruments Act, 1881 - Section 145 - Evidence on Affidavit - The petitioner sought quashing of trial court order dated 14.06.2018 in CC No.949/2018, which allowed evidence by affidavit and marking of documents at sworn statement stage. The High Court held that Section 145 of the NI Act permits evidence by affidavit and the trial court's procedure was valid. The petition was dismissed. (Paras 2-4) B) Negotiable Instruments Act - Evidence on Affidavit - Section 145 - Procedure - The court clarified that under Section 145 of the Negotiable Instruments Act, 1881, the complainant can give evidence by affidavit and documents can be marked at the stage of sworn statement. The trial court's order was in accordance with law. (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 criminal petition, holding that Section 145 of the Negotiable Instruments Act, 1881 permits evidence by affidavit and the trial court's procedure was in accordance with law. The order dated 14.06.2018 in CC No.949/2018 was upheld.
Law Points
- Section 145 of Negotiable Instruments Act
- 1881 permits evidence by affidavit
- Section 482 Cr.P.C. inherent powers
- procedure for trial of NI Act cases
