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 regarding the rights of the complainant and the accused in dishonoured cheque trials. It held that while the accused has the right to cross-examine a witness whose evidence is given on affidavit, they cannot compel the witness to provide an examination-in-chief in court. The Court also clarified that the amended provisions of Section 145, as per the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002, do not apply retrospectively to pending complaints under Section 138 of the Act.