Chapter XVII - Of Penalties in Case of Dishonour of Certain Cheques for Insufficiency of Funds in the Accounts
Section 145
Section 145: Evidence on affidavit
Section 145 permits the complainant’s affidavit evidence while preserving examination of the person who gives it.
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Need advice on Section 145?
This article is for general information. Refer to the Negotiable Instruments Act, 1881 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the evidence of the complainant may be given by him on affidavit and may, subject to all just exceptions be read in evidence in any enquiry, trial or other proceeding under the said Code.
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any person giving evidence on affidavit as to the facts contained therein.
Applicability and limits
The complainant’s evidence may be supplied on affidavit and read in the specified proceedings, subject to just exceptions. The second subsection allows the court to summon and examine the affidavit-giver on its own initiative.
On an application by the prosecution or accused, subsection (2) uses “shall” for summoning and examining the affidavit-giver on the stated facts. An affidavit is not immune from examination simply because it has been filed.
Hypothetical example
Hypothetical: a supplier’s complainant witness files an affidavit about invoices, the cheque and its return. The accused applies under subsection (2) to examine that witness about the affidavit facts; the statutory examination process must be addressed.
Evidence and next steps
Prepare a factual affidavit consistent with the records and personal knowledge of the deponent.
Organise the supporting documents and identify disputed assertions.
Keep track of an application or court direction requiring the affidavit-giver’s examination.
Statutory and procedural context
Official consolidated Act, Chapter XVII. The bare-law text retains its Code of Criminal Procedure references. For an actual case, check the applicable procedural transition and court directions.
Practical checklist
Do
- Prepare a factual affidavit consistent with the records and personal knowledge of the deponent.
- Organise the supporting documents and identify disputed assertions.
- Keep track of an application or court direction requiring the affidavit-giver’s examination.
Avoid
- Do not treat this general guide as a case-specific court direction.
Glossary
- Affidavit
- A sworn statement used in the evidentiary manner permitted by the provision.
- Deponent
- The person who gives the affidavit evidence.
Frequently asked questions
Whose affidavit evidence does subsection (1) mention?
It expressly mentions the complainant’s evidence.
Can the accused request examination of the affidavit-giver?
Yes. Subsection (2) expressly provides for an application by the accused or prosecution.
Does filing an affidavit prove every assertion conclusively?
No. It is read subject to just exceptions and remains subject to the stated examination process.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026