Section 145 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 145 allows the complainant in a cheque-bounce case to give his evidence on affidavit, and to have that affidavit read as evidence, while preserving the right of the Court and of either side to have the deponent called for examination. As per the consolidated text consulted, the section has two sub-sections.
The evidence of the complainant may be given on affidavit and may, subject to all just exceptions, be read in evidence in any enquiry, trial or other proceeding under the Code of Criminal Procedure, 1973 (s.145(1)). 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 in it (s.145(2)). So the affidavit saves time at the first stage, but the other side's right to test it is kept.
Why affidavit evidence matters in these cases
Ordinarily a witness gives evidence in court by oral examination. Section 145 lets the complainant give his evidence on affidavit, which shortens the part of the trial where the complainant's case is put on record. It works alongside the quick-trial scheme in Section 143 and the presumption of dishonour from the bank's memo in Section 146.
The section opens "Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)" and refers to proceedings "under the said Code". The reader should check the current procedural law for the corresponding provisions on evidence before relying on any procedural point here.
If you are a payee preparing a complaint, or a drawer facing one, the affidavit and the documents behind it will shape the trial; a legal dispute resolution adviser can help you plan what should be in it. A note on spelling: the Act writes "indorse"; "endorse" is the common spelling.
Section 145(1): complainant's evidence on affidavit
The text: "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."
Four points:
- Whose evidence. The complainant's. The text does not extend this to other witnesses in sub-section (1).
- How. "On affidavit".
- Use. It "may" be read in evidence "in any enquiry, trial or other proceeding under the said Code".
- Limit. "Subject to all just exceptions". The text does not list those exceptions, so the affidavit is open to objection on proper grounds, and the text gives none by way of example.
The word "may" gives the complainant the option. The copy prints no comma after "exceptions"; it is quoted as printed.
Section 145(2): examining the deponent
The text: "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."
There are two limbs:
- On the Court's own motion: the Court "may, if it thinks fit" summon and examine the person who gave evidence on affidavit.
- On application: the Court "shall", on the application of the prosecution or the accused, summon and examine that person "as to the facts contained therein".
The difference between "may" and "shall" is the heart of the sub-section. If either side applies, the Court has no discretion; it shall summon and examine. Where the Court acts on its own, it has discretion. The sub-section speaks of "any person giving evidence on affidavit", which is wider than the complainant alone.
| Question | Answer in the text |
|---|---|
| Who may give evidence on affidavit under (1)? | The complainant |
| Where may the affidavit be read? | In any enquiry, trial or other proceeding under the said Code, subject to all just exceptions |
| Can the Court call the deponent on its own? | Yes, "if it thinks fit" (2) |
| Can a party insist? | Yes. On the application of the prosecution or the accused the Court "shall" summon and examine (2) |
| What can the examination cover? | The facts contained in the affidavit |
A worked example
Example. Lokesh Textiles files a Section 138 complaint against Madan Fabrics, and its proprietor gives his evidence on affidavit as complainant under Section 145(1), producing the cheque, the bank's memo and a copy of the notice. The affidavit is read in evidence, subject to all just exceptions. Madan Fabrics wants to test a statement in the affidavit about the debt. It applies to the Court. Under Section 145(2), the Court shall, on the application of the accused, summon and examine the proprietor as to the facts contained in the affidavit. Had neither side applied, the Court could still summon him if it thought fit.
What the text does not say
- It does not prescribe the form or content of the affidavit.
- It does not say by when an application under sub-section (2) must be made.
- It does not say who may swear an affidavit before whom, or what fee applies.
- It does not mention electronic records, which are outside the text consulted.
- It states no consequence if the deponent fails to appear after being summoned; that is a matter for the Code, which the reader should check.
Practical points
- Prepare the affidavit with the exhibits in mind. The facts in it are the facts on which you can be examined.
- Expect examination on request. The accused's application is not discretionary for the Court under sub-section (2).
- The prosecution has the same right. The sub-section says "the prosecution or the accused".
- Do not treat it as a shortcut. The affidavit is evidence "subject to all just exceptions".
- Link to the other sections. For the offence and conditions, see Section 138; for the presumption in favour of the holder, see Section 139; for a template of the complaint itself, see our guide on a Section 138 complaint draft.
Need help preparing for the trial?
The affidavit is where the complainant's case is put on record, and the examination that may follow depends on how well the facts and documents line up. Our legal dispute resolution team can help you review the affidavit and the papers behind it before they are filed.
Key takeaways
- The complainant may give his evidence on affidavit, and the affidavit may be read in evidence subject to all just exceptions (s.145(1)).
- The Court may summon and examine a person who gave evidence on affidavit if it thinks fit, and shall do so on the application of the prosecution or the accused (s.145(2)).
- The text prescribes no form of affidavit and no time for the application.
- The text refers to the Code of Criminal Procedure, 1973; check current procedural law.
Read next
- Section 144: service of summons by speed post or courier
- Section 146: bank return memo as evidence of dishonour
- Section 143: summary trial of cheque bounce cases
- Section 138 complaint: how to file in court
Disclaimer: Based on a consolidated text of the Negotiable Instruments Act, 1881 stating the position as of 26 December 2015 and on the Negotiable Instruments (Amendment) Act, 2018, as consulted on 2 October 2026. Later amendments and current criminal procedure law should be checked. This article is general information, not legal advice; check the official text before acting.