Hon'ble Smt. Indrani Datta, J.

1. With the consent of learned Counsel for the parties, heard finally.

2. This revision has been preferred under Sections 397, 401 of Cr.PC for setting aside order dated 26-4-2010 passed by Fourteenth Additional Sessions Judge, Gwalior, in Criminal Revision No. 170/2010, whereby revision is partly allowed setting aside order dated 23-3-2010 passed by JMFC, Gwalior, in Criminal Case No. 9681/08 rejecting the application filed under Section 45 of the Evidence Act by the respondent/accused.

3. Facts in brief are that applicant/complainant filed one complaint against the respondent for the offence punishable under Section 138 of the Negotiable Instrument Act (in short 'the Act') on the allegation that cheque No. 158992 issued by respondent was dishonoured by the bank with an endorsement "stop payment" on the intimation given to bank by respondent/accused. Thereafter, despite issuance of notice when the amount was not paid by respondent/accused, complaint was filed.

4. During trial when the case was fixed for defence evidence, two interlocutory applications were filed by respondent; one under Section 45 of the Evidence Act and another under Section 311 of