ORDER

Avinash G. Gharote, J. - Heard Shri Hemke, learned Counsel for the petitioner.

2. The present petition challenges the order dated 20/01/2022, passed by the learned Trial Court below Exh.98 on an application for setting aside the order dated 24/11/2021, on which date, though the witness was present, however, since the Counsel for the applicant had filed an application for adjournment the same being rejected, 'no cross' order was passed.

3. Shri Hemke, learned Counsel for the petitioner submits that no opportunity has been granted to cross-examine the applicant, for which purpose, the application at Exh.98 was filed, which also has been rejected by the impugned order, which is required to be quashed and set aside and Exh.98 be allowed.

4. It would be pertinent to note that the proceedings relate to Section 138 of the Negotiable Instruments Act involving a cheque of amount of Rs.33,00,000/- claimed to have been given by the petitioner to the respondent. On an earlier occasion, when the complainant was examined and the Counsel for accused, had failed to cross-examine him, an application at Exh.74 was filed, seeking permission to recall the complainant and permit further cross, which