(1.) RULE. Rule made returnable forth with. Heard by consent.
(2.) BY way of present application, the applicant challenges the order passed by the learned 8th Judicial Magistrate, First Class, Aurangabad, in S.C.C. No.155/2004, below Exh.53, thereby rejecting the application of the applicant, for permission to lead additional evidence.
(3.) THE respondent/ complainant has filed a proceeding under Section 138 of the Negotiable Instrument Act, against the present applicant. In the said complaint, evidence of the complainant was closed on 17th January 2006. The statement of accused also came to be recorded under Section 313 of the Code of Criminal Procedure, 1973. Thereafter, an application came to be filed by the present applicant for examining himself as the defence witness.