vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.848 OF 2008 WRIT PETITION NO.848 OF 2008 WRIT PETITION NO.848 OF 2008 Bharat Himmatlal Doshi ... Petitioner V/s. The State of Maharashtra & Anr. ... Respondents Mr.S.V. Marwadi for Petitioner Mr.P.A. Pol, APP, for State Mr.P.S. Dani for Respondent No.2 CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: JUNE 30, 2008 JUNE 30, 2008 JUNE 30, 2008 P.C.: P.C.: P.C.: . The dispute in this petition is whether under section 145(2) of the Negotiable Instruments Act, the complainant can file an affidavit in lieu of examination in chief or whether it is necessary for the complainant to step into the witness box to be examined orally. Mr.Dani, on instructions, states that the complainant i.e. Respondent No.2 herein, has no objection to being examined before the Court under section 145(2) of the Negotiable Instruments Act. He submits that the complainant will make himself available for being examined before the Court. 2. In this view of the matter, the petition is allowed. The stay granted on 23.4.2008 is vacated. The learned Magistrate is directed to proceed in accordance : 2 : with law under section 145(2) of the Negotiable Instruments Act which means that the complainant will examine himself before the Court. The learned Magistrate will disregard the affidavit of evidence which has already been filed on record by the complainant. 3. The petition is disposed of accordingly.