Radhey Shyam Garg vs Naresh Kumar Gupta

The Supreme Court addressed the interpretation of Section 145 of the Negotiable Instruments Act, 1881, emphasizing its imperative nature requiring the examination of witnesses who have affirmed affidavits. The Court held that the dismissal of the appellant's application under Section 482 of the Code of Criminal Procedure was erroneous, as the trial court and High Court failed to adhere to the mandatory provisions of Section 145. Consequently, the Court allowed the appeal and set aside the impugned judgment, directing the trial court to examine the complainant as mandated by law.