Evidence on affidavit
Section 145 of the Negotiable Instruments Act, 1881 deals with evidence on affidavit. 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. The Act came into force on 01 Mar 1882.
(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.
Section 145, The Negotiable Instruments Act, 1881 (Act 26 of 1881).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Rajinder Arora vs Union of India Ministry of Finance Department of Revenue Secretary
Court's Decision & Legal Precedent
Section 202 Code of Criminal Procedure inquiry is mandatory before issuance of process against accused residing outside the territorial jurisdiction of the Magistrate. However, in complaints under Section 138 Negotiable Instruments Act, the evidence of the complainant may be given by affidavit, and evidence of witnesses may also be permitted on affidavit. The Magistrate has discretion to examine documents for satisfaction as to sufficiency of grounds for proceeding, and is not compelled to examine all witnesses personally. Section 145 NI Act serves as an exception to Section 202(2) CrPC in relation to examination of witnesses on oath, being an exception designed to speed up trials in Section 138 complaints.
On this section: Permits complainant to give evidence by affidavit; exception to CrPC Section 202(2); permits court to summon and examine affiant on application
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M.koteswara Rao vs The State of Andhra Pradesh
Court's Decision & Legal Precedent
Section 145 of the Negotiable Instruments Act, which contains a non-obstante clause, permits the Magistrate to take cognizance of a cheque dishonour complaint based on affidavit evidence from the complainant, notwithstanding the general requirement in Sections 200-202 of the Criminal Procedure Code to record sworn statements. This special procedure under the Negotiable Instruments Act is saved by Sections 4-5 of the Criminal Procedure Code and overrides the general procedural requirements for pre-cognizance enquiry.
On this section: Introduced by the Amended Act, contains non-obstante clause allowing evidence of complainant to be given by affidavit instead of sworn statement; applies to pre-cognizance enquiry and other proceedings
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Mohammed Irfan vs Mohammed Sabir
Court's Decision & Legal Precedent
In cheque dishonour cases under Section 138 of the Negotiable Instruments Act, where evidence recording has already commenced under Section 145(2) of the Act, the court where proceedings are pending shall continue to exercise jurisdiction over the case, notwithstanding that the place of dishonour may ordinarily be in a different territorial jurisdiction. Such cases are deemed to be transferred to the court where they are presently pending, and the court should expedite the trial and dispose of the case in accordance with law.
On this section: Provides for recording of evidence in cheque dishonour cases. The court held that cases where evidence recording has commenced under this section should continue in the court where proceedings are pending, even if that court ordinarily lacks territorial jurisdiction.
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M/S. SAMPATI SECURITIES LIMITED AUTHORIZED PERSON OF JIGARKUMAR NARMADA SHANKAR RAVAL vs SHIVAM GOYAL
Court's Decision & Legal Precedent
When an affidavit in support of a complaint under Section 145(1) of the NI Act is filed, separate verification of the complainant under Section 200 of the CrPC is not mandatory for issuing process.
On this section: Evidence on affidavit.
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Dharam Nath vs Krishan Kumar
Court's Decision & Legal Precedent
When a cheque has been duly signed and issued by the accused, and the holder of the cheque has established the existence of a legally enforceable debt through credible evidence (including testimony regarding possession of pronote and receipt), the accused cannot escape liability by simple denial. The presumption under Section 139 of the Negotiable Instruments Act favors the holder of the cheque, and to rebut this presumption, the accused must present cogent facts and circumstances making it plausible that no debt existed. Technical objections regarding non-production of original documents are not sustainable when the accused had opportunity to demand their production during cross-examination but failed to do so. The burden shifts to the accused to prove absence of debt, not merely to deny it.
On this section: Cited by petitioner as ground of appeal but not specifically analyzed; relates to presumptions in cheque cases
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VISHALKUMAR MAHWSHBHAI PATEL vs HITESHKUMAR DHARMENDRABHAI KALYANI
Court's Decision & Legal Precedent
In a trial under Section 138 of the Negotiable Instruments Act, 1881, if the complainant proves the core foundational facts of execution, dishonour, and service of statutory demand notice, the statutory presumption of debt under Section 139 remains mandatory and binding unless the accused adduces sufficient rebuttal evidence on a standard of preponderance of probabilities.
On this section: Examination of the witness/complainant on affidavit.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 145
What have the courts held on Section 145 of the Negotiable Instruments Act?
Rajinder Arora vs Union of India Ministry of Finance Department of Revenue Secretary (23 Sep 2021) is the leading judgment on this section among those set out below: Permits complainant to give evidence by affidavit; exception to CrPC Section 202(2); permits court to summon and examine affiant on application. Another 5 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2015 to 2026.
How do I find court cases under Section 145 of the Negotiable Instruments Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: NI Act 145, section 145 NI Act, section 145 of the Negotiable Instruments Act. People searching for it also type ni act 145(2) and ni act 145 1. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 6 reported judgments on this section are set out on this page, beginning with Rajinder Arora vs Union of India Ministry of Finance Department of Revenue Secretary (23 Sep 2021).
When did Section 145 of the Negotiable Instruments Act come into force?
Section 145 of the Negotiable Instruments Act, cited as NI Act 145, came into force on 01 Mar 1882, having been enacted on 09 Dec 1881. It is in force as at the date shown on this page.
Other sections of this Act
- 138. Dishonour of cheque for insufficiency, etc., of funds in the account312 words
- 142A. Validation for transfer of pending cases299 words
- 143. Power of Court to try cases summarily297 words
- 143A. Power to direct interim compensation291 words
- 142. Cognizance of offences290 words
- 141. Offences by companies287 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.