1. This criminal petition is directed against an order dated 31-8-2012 passed by the learned JMFC, Shimoga, in C.C.No.1414/2009, by which, an application filed by the accused under Ss.204 and 244 Cr.p.C., seeking deletion/discarding of the evidence of Sri Mahaveer – PW.2, on the ground that his name was not shown in the list of witnesses and permission of the Court for his examination was not obtained.

2. In order to appreciate the controversy involved in the matter, brief facts of the case may be enumerated:

The petitioner is being prosecuted for the offence under S.138 of the Negotiable Instruments Act (“the Act” for short). A private complaint under S.200 Cr.P.C., was filed by the respondent. His sworn statement was recorded and after noticing that, he has no more witnesses at that stage, by an order dated 03.10.2002, the learned Magistrate ordered for registration of a case for the offence punishable under S.138 of the Act. Summons having been issued, accused appeared and was enlarged on bail. Charge was denied by the accused. During the course of trial, the complainant completed the evidence i.e., his own examination, cross-examination and re-examination. On 31.07.201