Heard the learned counsel for the petitioner and perused the records.

2. The petitioner has sought for quashing of the order dated 14.6.2018 passed in CC No. 949/2018 by the learned SCCH26, XXIV ASCJ & XXII ACMM, Bengaluru. The learned Trial Judge after appearance of the accused and recording his plea, has posted the case for cross examination of PW1 on the application filed u/s.145(2) of the Negotiable Instruments Act, by the accused.

3. The learned counsel for the petitioner submitted that the trial Court has been proceeding with the evidence by way of affidavit and the documents marked by the respondent at the time of sworn statement itself and that should not have been done by the trial Judge and it should have insisted for fresh affidavit and marked the documents afresh after appearance of the accused before the court.

4. In this regard, Section 145 of the Negotiable Instruments Act Evidence on affidavit, is the answer to the ground raised by the learned counsel. The said provision is a special provision which says that –

“Notwithstanding anything contained in the Cr.P.C. 1973, the evidence of the complainant may be given by him on affidavit and may, subject to all just exc