( 1 ) THE petitioner is the original complainant of Criminal Case No. 99/2001 pending in the Court of ld. Metropolitan Magistrate, Ahmedabad in reference to an offence committed under Sec. 138 of The Negotiable Instruments Act (The N. I. Act for short ). The evidence of the prosecution as well as further statement of the accused under Sec. 313 of Crpc has been recorded and in response to the question put to the accused, the respondent accused has mentioned that he wants to enter into defence and examine himself on oath as witness. Before entering into the witness-box, in light of the provisions of Sec. 145 (2) of the N. I. Act, the accused -respondent no. 1 has applied and prayed that his evidence may be accepted by affidavit provided in the scheme of Sec. 145. After hearing the parties and mainly original complainant, ld. Metropolitan Magistrate allowed the application and permitted respondent no. 1 accused to lead evidence on affidavit with a liberty to cross-examine the accused by the complainant side vide order under challenge dated 23. 10. 2003.

( 2 ) MR. S. D. BRAHMBHATT, ld. counsel appearing for the petitioner has submitted that as per the statements of object