Ashwani Kumar Vs. Vijay Kumar Cr. MP(M) No. 338 of 2025 7.10.2025 Present: Mr. Kishore Pundeer, Advocate, for the applicant. Notice of the application was issued to the respondent and Mr. Chander Shekhar Thakur, Advocate filed Memo of Appearance on 14.7.2025, however, he did not file regular Power of Attorney or reply to the application. Since the respondent is duly served but there is no representation on his behalf, therefore, the matter is to be heard and decided in his absence. Heard. The present application has been filed for seeking leave to appeal against the judgment dated 13.11.2024, passed by learned Chief Judicial Magistrate, Solan, District Solan, H.P. vide which a complaint filed by the petitioner under Section 138 of Negotiable Instruments Act was dismissed. It appears from the perusal of the judgment that learned Trial Court had relied upon the evidence of the accused adduced on the affidavit to record the acquittal. It was laid down by the Hon’ble Supreme Court in M/s Mandvi Cooperative Bank Ltd. Vs. Nimish B. Thakore 2010 (3) SCC 83 that it is not permissible for the accused to give evidence on affidavit and only the complainant can file the affidavit in his evidence, therefore, there is sufficient ground to grant leave to appeal. Consequently, the application is allowed and the leave to appeal is granted. Application stands disposed of. Cr. Appeal ______ of 2025 Cr. Appeal (ST) No. 668 of 2025) Since the leave to appeal has been granted vide separate order passed in Cr.MP(M) No. 338 of 2025, the appeal be registered. Issue notice to the respondent returnable within four weeks on taking steps within three days. (Rakesh Kainthla) Judge 7th October, 2025 (Nikita/Chander)