M.N. Bhandari, J.

By this criminal misc. petition, a challenge is made to the order dated 24.1.2014 whereby application under section 311 Cr.P.C. was dismissed. The application was to allow the petitioner to cross examine the witness. It was declined in ignorance of the fact that cross examination could not be made in view of illness of the counsel. The impugned order may thus be quashed by giving one opportunity to the petitioner to cross examine the witness. Reference of the judgments of the Hon'ble Supreme Court in case of "Mohd. Hussain alias Zulfikar Ali v. State (Government of NCT of Delhi)", [(2012) 2 SCC 584] and of this court in the case of "Kuldeep Singh v. State of Rajasthan", [2010 WLC (Raj) UC 14 and, lastly, in the case of "Harish @ Shekhar v. State of Rajasthan", [(2014(1) WLC (Raj) 286] has been given.

2. Learned PP so as learned counsel for the respondent No.2 have opposed the petition.

3. I have considered rival submissions of the parties and perused the record.

4. It is a case where complaint was filed under section 138 of the Negotiable Instruments Act, 1881 on 20.11.2006. On 20.7.2011 affidavit was filed in evidence. The petitioner was given 23 chances to