Code of Criminal Procedure, 1973–Sec. 391–Negotiable Instrument Act, 1881–Sec.138–Application for producing the witnesses to prove the complainant habitual for filing the complaints–Dismissed–View of Court below that the petitioner himself had appeared as a witness and the cheque was bearing his signatures and writing–Judgments of other cases is not relevant u/ss. 41 & 42 of Evidence Act–Held, application was rightly dismissed.
