ORDER :

Heard.

1) The petitioner has assailed the order dated 31.10.2022 passed by the learned Second Additional Sessions Judge, Manendragarh, District- Korea (C.G.) in Criminal Revision No.43/2022, whereby the revision preferred by the petitioner/accused has been dismissed and the order dated 17.06.2022 passed by the Judicial Magistrate First Class, Manendragarh, District Korea (C.G.) in Criminal Case No.208/2018 parties being ‘Indrajeet Sen vs. Smt. Rajshreee Sharma’ has been affirmed, whereby an application moved by the petitioner under Section 45 of the Evidence Act was rejected.

2) The facts of the present case are that the respondent/complainant filed a Complaint Case under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘NI Act’) before the Court of Judicial Magistrate First Class, Manendragarh inter alia on the ground that in discharge of liability, a cheque of Rs.9,50,000/- was issued by the petitioner in favor of the complainant on 25.04.2018. The complainant presented the cheque on 30.04.2018 and the same was dishonored on the ground of insufficient funds. Thereafter, a mandatory demand notice was issued and when the petitioner did not refund the amount, a co