Evidence Act, 1872–Sec. 45–Negotiable Instruments Act, 1881–Sec. 138–Order of allowing the application u/s. 45 by the Revisional Court–Sustainability–Trial Court had dismissed the application–Respondent-accused filed the application after he had been examined and the witness DW 4 had been examined–DW 4 has stated that no transaction took place between the petitioner and accused and no slip was given by the complainant to accused–Application was an afterthought and it was filed with an intention to delay the trial–Held, Revisional Court committed illegality in allowing the application.
