JUDGMENT (CAV)

J.B. Pardiwala, J.—By this application under Article 227 of the Constitution of India, the applicant – original accused calls in question the legality and validity of the order passed by the 3rd Additional Civil Judge, Himmatnagar, dated 27th March 2018 below application Exh.128 in the Criminal Case No.3145 of 2014.

2. It appears from the materials on record that the respondent no.2 herein – original complainant filed a private complaint in the Court of the Chief Judicial Magistrate, Himmatnagar, against the applicant herein for the offence punishable under Section 138 of the Negotiable Instruments Act. The complaint has been registered as the Criminal Case No.3145 of 2014 and the same is pending as on date in the Court of the Chief Judicial Magistrate, Himmatnagar. The applicant – original accused preferred an application Exh.128, which reads as under:—

“(1) The present matter is at the stage of evidence of the accused.

(2) The court has refused to accept the evidence of the accused on oath, therefore, it is necessary to file the present application.

(3) This application is preferred relying upon the judgment dated 21.04.2013 delivered in the case of Banking Asso