JUDGMENT :

Heard Mr. A. M. Bora, learned Senior counsel assisted by Mr. B. Bhagawati, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent No.1 and Mr. A. K. Bhuyan, learned counsel for the private respondent No.2.

2. This is an application filed under Section 482 read with Section 401 of the Code of Criminal Procedure Code, 1973 challenging the impugned Order dated 04.02.2023 passed by the learned Judicial Magistrate, First Class, Kamrup (M) in C.R. Case No.3974/2019 instituted under Section 138 of the Negotiable Instruments Act, 1881 for dishonor of 8(eight) numbers of cheques before the learned Court of Chief Judicial Magistrate, Kamrup (M) on 04.10.2019.

3. The present petition is filed by the accused petitioner challenging the legality and validity of the impugned Order dated 04.02.2023 passed by the Court of learned JMFC, Kamrup (M) in C.R. Case No.3974/2019 instituted under Section 138 of N.I. Act, allowing the prayer of the respondent No.2/complainant to file additional evidence on affidavit when the case is pending at the state of cross-examination of the complainant as prosecution witness No.1/P.W.1 and a