ORDER :

1. This is a petition filed under Section 482 C r.P.C., calling in question the legality and validity of the order passed on 28.11.2017 rejecting IA No.1 filed under Section 45 of Evidence Act in C.C.No.6 of 2016 by the learned Civil Judge and JMFC, Mudalagi.

2. Brief facts are that, the present petitioner is the complainant in proceedings initiated under Section 138 of Negotiable Instruments Act, 1881 (for short, herein after referred` to as N.I. Act) before the learned Civil Judge and JMFC, Mudalagi, which is currently pending in C.C.No.6/2016. The respondent herein is the accused in the said case. The case of the complainant is that, some time prior to 2010, through a series of loan advances made, he had in all given a sum of Rs.2,80,000/-to the respondent and towards repayment of the same, the accused had issued a cheque for Rs.2,80,000/-dated 23.01.2010, which upon presentation before the banker was returned dishonoured. A notice was duly issued by the petitioner herein and respondent issued a reply notice as per Ex.P.8, essentially contending that he had indeed taken loan of Rs.40,000/-in the year 2009 from the complainant and not Rs.2,80,000/-as demanded and he had ret