Judgment

S.B. Sinha, J.

Leave granted.

2. Appellant is before us aggrieved by and dissatisfied with a judgment and order dated 9.5.2008 passed by a learned Single Judge of the High Court of Delhi at New Delhi in Criminal M.C. No.1522 of 2008.

3. Respondent filed a complaint petition in the Court of Chief Metropolitan Magistrate, Delhi on or about 7.6.2004 which was marked as Criminal Complaint Case No.882/1 of 2004 for commission of an alleged offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, `the Act'). Pre-summoning evidence by the complainant was recorded by way of an affidavit. Cognizance of the offence was taken and summons was directed to be issued by an order dated 9.6.2004. Post-summoning evidence was also adduced by the complainant on 26.3.2007 by way of an affidavit.

4. It now appears that respondent examined himself and was cross-examined at length. His cross-examination started 12.9.2008. It runs into nine typed pages. Indisputably, prior to offering himself for cross-examination, appellant proved his affidavits which were marked as Exhibits CW1/A to CW1/1. A large number of questions were asked to the deponent on the contents of the affidavi