JUDGMENT :

Mohd. Akram Chowdhary, J.

1. In a complaint under section 138 of Negotiable Instruments Act, 1881, filed before the court of learned Judicial Magistrate (Sub-Judge) Chadoora, the complainants-petitioners herein are stated to have examined Nazir Ahmad Joo, Manager J&K Bank Branch Chadoora, Mohammad Yousuf Wani and Ghulam Nabi Wani as complainants' witnesses, which were stated to have been duly cross examined by learned counsel for the accused.

2. On 10.04.2014 the respondent-accused filed the application mentioning therein the list of defence witnesses seeking issuance of process for presence of witnesses namely Nazir Ahmad Joo, Advocate A.R. Hanjura, Manager J&K Bank Branch Chadoora and Patwari Halqa Wathora at S.Nos. 1 to 4 respectively, in the list of witnesses and it was prayed that these witnesses be called through the process of court. The application moved by the accused was allowed on the same day vide order dated 10.04.2014, perusal whereof reveals that it was allowed in a routine manner.

3. Aggrieved of the order dated 10.04.2014, whereby application moved by the accused was allowed in a routine manner, it was challenged by way of filing of petition under section 56