( 1 ) THE petitioner herein is the accused and the respondent, the complainant in C. C. No. 1853/2000 on the file of the jmfc (IV Court), Mangalore, registered for an offence punishable under Section 138 of negotiable Instruments Act. In that case, after the complainant's evidence was Over, and during the course of his examination under Section 313 of Cr. P. C. , the petitioner contended that the complainant company had taken from him deposit of Rs. 50,000/- and a, blank cheque as security and that angered by his act of not supporting the complainant company with regard to the action of Health officer against complainant- company for alleged adulteration of articles, the blank cheque has been filled up by the company and has been misused. He also expressed a desire to lead evidence in his defence. Thereafter, he filed an application on 21-11-2003 requesting the Court to issue summons to his witness G. M. Mustaffa. The ground for examination of that witness as urged by the accused-petitioner is that all along it had been his contention that blank cheque signed by him was obtained by the complainant-company as security for future supply of goods and that the said witn