J.R. Midha, J.—Respondent no.2 instituted a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred as NI Act) against the petitioner in respect of two dishonoured cheques dated 25th February, 2007 for Rs. 5 lakhs and Rs. 6 lakhs respectively. At the stage of complainant’s evidence, respondent no.2 moved an application dated 19th October, 2012 before the learned Metropolitan Magistrate under Section 311 Code of Criminal procedure, 1973 (hereinafter referred as Cr.P.C.) for permission to examine K.S. Kohli as a witness on the ground that the respondent had given friendly loan of Rs.11 lakhs to the petitioner in the presence of K.S. Kohli at his office. It was further submitted that K.S. Kohli was a material witness but his name was inadvertently left out in the list of witnesses.

2. Vide order dated 14th December, 2012, the learned Metropolitan Magistrate allowed the application and permitted respondent no.2 to examine K.S. Kohli. The reasons given by the learned Metropolitan Magistrate are as under:

“5. In the present case, the complaint has been filed U/s 138 NI Act. In the complaint, the complainant has stated that he had given to the acc