ORDER :

1. This petition is filed by the petitioner under Section 482 of Cr.P.C, challenging the order passed by the Court of the Principal Civil Judge and J.M.F.C, Koppal in C.C.No.709/2014 dated 08.02.2019, whereby the trial Court had rejected the application filed by the petitioner being arraigned as accused under Sections 45 and 73 of the Indian Evidence Act, 1872.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. The factual matrix of the case are that the petitioner said to be an accused in C.C.No.709/2014, whereby he is facing up of trial for the offence punishable under Section 138 of N.I. Act, alleging that he had issued a cheque at Ex.P1 in a sum of Rs.8,00,000/- in order to repay the loan amount. The cheque has been presented by the respondent-complainant for encashment, but the said cheque was dishonoured with an endorsement "insufficient funds in the account of the account holder". Subsequently the respondent-complainant initiated the proceedings against the accused for the offence punishable under Section 138 of N.I. Act. Subsequent to initiation of the proceedings in C.C.No.709/2014, the complainant has examined himself as PW