P. C.: - Heard the learned counsel for the applicant i.e. original accused, learned advocate for respondent i.e. original complainant and the learned A.P.P. for the State.

2. The applicant is facing prosecution in Criminal Case No. 796/S/2001 which is pending before the learned Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai. The said case is under section 138 of Negotiable Instruments Act. In the said case the complainant has filed an affidavit of evidence by way of examination - in - chief as per amended provisions under section 145(2) of Negotiable Instruments Act. The said affidavit was taken on record.

3. The applicant had preferred an application before the learned Magistrate for calling the complainant for recording his examination - in - chief. By order dated 18 - 5 - 2005, the learned Magistrate rejected the said application. Being aggrieved by the said order, this application has been preferred.

4. The learned advocate for the applicant has submitted that various facts are introduced in the examination - in - chief in the form of affidavit which do not find place in the complaint, this would cause prejudice to the applicant hence the complaina

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