JUDGMENT

Mr. Gurvinder Singh Gill, J.:- The petitioners have approached this Court challenging order dated 27.2.2019 passed by learned Judicial Magistrate 1st Class, Sonepat, Haryana, whereby the learned trial Court has held that the complainant, post the summoning of the accused, has a right to file a fresh affidavit towards his examination-in-chief, while turning down the objections raised by the accused in this regard.

2. A few facts, necessary to notice, are that the respondent had filed a complaint under Sections 138 and 141 of Negotiable Instrument Act, 1881 against the petitioners in the year 2010 before the Metropolitan Magistrate, Rohini Courts, Delhi on account of dishonour of a cheque bearing No.800210 dated 15.1.2010 for an amount of Rs.1 lac, wherein the complainant tendered his affidavit in preliminary evidence (annexed with the complaint as Annexure P-2). Vide order dated 5.4.2010 (Annexure P-3) passed by Metropolitan Magistrate, Rohini Courts, Delhi, the accused were summoned. Pursuant to summoning of the accused, the accused moved an application under Section 145(2) of Negotiable Instrument Act, 1881, which was accepted vide order dated 2.5.2012 (Annexure P-4) pass