JUDGMENT : - The questions raised in this group of writ petitions are common, the fact situation against which they are raised is similar and though the parties are different they all arise from somewhat similar orders and hence this group of petitions is being disposed of by common judgment.

2. The questions that fall for my consideration are as under;

(A) Whether sub -section (2) of section 145 of the Negotiable Instruments Act, 1881, (for short, "the Act") confers an unfettered right on the complainant and the accused to apply to the Court seeking direction to give oral examination -in -chief, of a person giving evidence on affidavit, even in respect of the facts stated therein and that if such a right is exercised, whether the Court is obliged to examine such a person in spite of the mandate of section 145( 1) of the Act?

(B) Whether the provisions of section 145 of the Act, as amended by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002,(for short "the amending Act of 2002") are applicable to the complaints under section 138 of the Act pending on the date on which the amendment came into force? In other words, do the amended provisions of secti

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