1 The Criminal revision is filed by the accused against the order made in Crl. M.P. No. 3434 of 2007 in C.C. No. 126 of 2006 on the file of the Judicial Magistrate No. II Sankari.

2 The petition is filed by the accused under Section 145(2) of the Negotiable Instrument Act, to permit the evidence in chief of defence side witnesses to be given in the form of affidavit. The trial Court dismissed the petition, by relying upon the learned Single Judge judgment of our High Court in V. Thanaiya v. M. Balasamy Nadar, LNIND 2005 BMM 11 : (2005) 1 MLJ (Crl) 324 (Mad) wherein our High Court held that the legislature in its dictum had thought it fit not to treat the complainant and the accused on par in the matter of giving evidence in the form of affidavit, and where the complainant in the complaint under Proviso (2) to Section 145 N.I. Act entitled to adduce evidence on affidavit, the accused cannot claim the similar benefit. However, the learned Single Judge judgment of our High Court in V. Thanaiya v. M. Balasamy Nadar (supra), is not accepted by another learned Single Judge in P. Janakumar v. G. Pandiyaraj, and the issue as to whether accused has the right to let in evidence by