Negotiable instrument act
Dinesh
(Querist) 11 January 2013
This query is : Resolved
can a accused come as witness in support of his evidence in offence u/s 138 of Negotiable Instrument Act ???
R Trivedi
(Expert) 12 January 2013
This is important point and we must understand.
The Apex court has ruled that the accused cannot give his evidence in the form of affidavit under S.145, but that does not mean that accused cannot defend himself or cannot produce his evidence.
The point is during the cross examination of complainant witness(es), the defense must include all those points which are available with him as evidence. If there are any documentary evidence they may be produced to counter the prosecution at this stage. Subsequently accused must submit a statement (no affidavit) under S.313 covering all these points raised during cross examination. For example the accused can suggest that the cheque issued was blank, now supporting evidence may be given at the time of cross and can be further elaborated under S.313 statement. But if this point is not raised during cross examination, then subsequently this evidence regarding blank cheque cannot be read by court if given under affidavit.
The key is the cross examination.
Raj Kumar Makkad
(Expert) 12 January 2013
The accused can appear as his own defence witness.
C. P. CHUGH
(Expert) 12 January 2013
Yes Section 315 CrPC allow an accused to appear himself/herself as Defence Witness.
