R. N. BISWAL, J.

( 1 ) DESPITE of receiving notice the sole opp. party did not choose to enter his appearance before the Court, so on request of the learned counsel for the petitioner, the case is heard and disposed of at the stage of admission.

( 2 ) THE petitioner has challenged the legality, propriety and correctness of the order dated 16/4/2004 passed by the s. D. J. M. , Bhubaneswar in I. C. C. No. 1097 of 2004 wherein he refused to accept the initial statement of the complainant petitioner on affidavit. Learned Counsel for the complainant petitioner submits that as envisaged under Section 145 (1) of the negotiable Instruments Act initial statement of a complainant can be given on affidavit. So the Trial Court ought not have refused to accept the initial statement of the complainant petitioner on affidavit. Section 145 (1) of the Negotiable instruments Act reads as follows:

"notwithstanding anything contained in the Code of criminal Procedure, 1973, the evidence of the complainant may be given by him on affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under the said Code".

( 3 ) BECAUSE of the non-obstante claus