Alexander Thomas, J.

The original petition has been filed by the petitioner by virtue of the enabling powers conferred under Article 227 of the Constitution of India, with prayer to set aside the impugned Ext. P-2 order passed by the Trial Court. The petitioner herein is the complainant in CC No. 864 of 2015 on the files of the Judicial First Class Magistrate Court, Njarakkal, alleging offence punishable under section 138 of the Negotiable Instruments Act, 1881, against the 2nd respondent herein (accused). It is stated that the complainant was examined as P.W.-1 and had got marked as Exts. P-1 to P-4 documents therein. Thereafter, the accused was subjected to section 313, Cr. P.C. questioning process. Later, when the opportunity for adducing defence evidence had come up, the 2nd respondent (accused) had filed Ext. P-1 proof affidavit in lieu of chief examination of the accused as D.W.-1 and this was objected to by the counsel for the petitioner. However, the learned Magistrate has accepted Ext. P-1 proof affidavit in the file of the case and has posted the case for cross-examination of D.W.-1 (accused) by the complainant. The learned Magistrate has overruled the objection