JUDGMENT

A.S. Gadkari, J. - Rule.

Rule made returnable forthwith and by consent of learned counsel for the respective parties, Petition is taken up for final hearing.

2. By the present Petition under Article 227 of the Constitution of India, the petitioner, original complainant, has impugned Order dated 1st April 2019 passed by the learned Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai, in C.C. No.4311/SS/2015, thereby rejecting its application dated 1st April 2019, for discarding evidence of accused and for directions to the accused to lead oral evidence.

3. Heard Mr.Thakur, learned counsel for the petitioner, Mr.Palkar, learned A.P.P. for respondent No.1-State and Mr.Modi, learned counsel for respondent Nos.2 to 4. Perused record.

4. The record reveals that, the petitioner has instituted a complaint bearing C.C. No.4311/SS/2015 in the Court of learned Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai, under Section 138 read with 141 of the Negotiable Instruments Act, 1881. After receipt of summons, the respondent Nos.2 and 4 appeared before the Court. The respondent No.4 (accused No.3) filed an Affidavit of Evidence in lieu of Examination-in-Chief dated 5th March 2