Aruna Jagadeesan, J.

1. This revision is directed against the order passed by the learned Judicial Magistrate No. 1, Kuzhithurai dated 23.1.2013 in C.C. No. 149 of 2005 dismissing the petition filed under Section 254(2), Cr.P.C.

The complaint is filed under Section 138 of Negotiable Instruments Act against the petitioner. The complainant's case is that on 6.8.2004, the petitioner/accused borrowed a sum of Rs. 2 lakh from the complainant at the complainant's residence to discharge a debt and on the same day, the accused issued a cheque bearing No. 652791 dated 6.12.2004 for a sum of Rs. 2 lakh drawn at State Bank of India, Karungal Branch. The cheque was presented on 6.1.2005 for collection in Tamil Nadu Mercantile Bank at Pallihadi and the same was dishonoured on the ground that insufficient fund. Thereafter, on 1.2.2005, the complainant issued a statutory notice to which the accused sent a reply disputing all the averments stated in the notice. The complainant examined himself as PW-1. Thereafter, the accused wanted to examine defence witnesses and he submitted a list of defence witnesses and filed a petition under Section 254(2), Cr.P.C. praying to the Court to issue summ