M/S. Mandvi Co-Op Bank Ltd vs Nimesh B.Thakore

The Supreme Court examined the provisions of Section 145 of the Negotiable Instruments Act, 1881, particularly in relation to the rights of the complainant and the accused regarding evidence on affidavit. It held that while the accused has the right to cross-examine witnesses who provide evidence by affidavit, they cannot compel the witness to give oral examination-in-chief. Furthermore, the Court clarified that the amended provisions of Section 145, as introduced by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002, apply retrospectively to pending complaints under Section 138 of the Act.