(1.) By this application under Article 227 of the Constitution of India, the applicant - original complainant has prayed for the following reliefs :
(2.) It appears from the materials on record that the applicant herein filed a complaint against the respondent no.2 in the court of the learned JMFC, Patan, for the offence punishable under section 138 of the Negotiable Instruments Act. The proceedings came to be registered as the Criminal Case No.2223 of 2010. It further appears from the materials on record that after the further statement of the respondent no.2 - original accused came to be recorded by the trial court under section 311 of the Code of Criminal Procedure, 1973 the complainant preferred an application Exh.80 with a prayer that they may be permitted to lead additional evidence, and for that purpose, the right to lead the additional evidence may be opened.
(3.) The 5th Additional Civil Judge and JMFC, Patan, vide order dated 6th March 2017, allowed the application Exh.80 on the condition that the complainant shall deposit an amount of Rs. 2,000=00 with the District Legal Services Authority as costs.