JUDGMENT : C.R. Pal, J. - Heard the learned Counsel for the Petitioner and the learned Counsel for the opp.party. On their consent this matter is finally disposed of at this stage. The Petitioner challenges the impugned order dated 19.7.99 wherein he has been directed to deposit Rs. 1 2,000/- (Rupees twelve thousand) to meet the expenses of the witnesses sought to be recalled for further cross-examination. Section 312, Code of Criminal Procedure lays down as follows:- Expenses of complainants and witnesses:- Subject to any rule made by the State Government, any Criminal Court may, if it thinks fit, order payment, on the part of Government, of the reasonable expenses of any complainant of witness attending for the purposes of any inquiry, trial or other proceeding before such Court under this Code. 2. Section 312, Code of Criminal Procedure corresponds to Section 544 of the Code of Criminal Procedure, 1898. Exercising the power available under that Section the State Government framed "The Orissa Criminal Court witnesses (Payment of Expenses) Rules, 1963" for payment of expenses to witnesses appearing in the criminal courts. In view of the provisions of Section 484 (2)(b), Code of Criminal Procedure, the said rule continues to remain in force. Under Rule 3 (a)(ii) of the said Rules criminal Court is to make payment to the witnesses of their expenses where the offence alleged is a non-bailable one. In view of the above position of law and as the offences for which the Petitioner has been charged include offences u/s 408, 468, I.P.C. which are non-bailable in nature, the order passed by the learned J.M.F.C. cannot be supported and, as such, the same is set aside. 3. In the above premises, the learned J.M.F.C. is free to summon the witnesses and make payment of their expenses as per the Rules.