Vijay Bishnoi, J.

This criminal misc. petition under Section 482 Cr.P.C., 1973 is filed by the petitioner being aggrieved with the order dated 07.09.2017 passed by the Special Judicial Magistrate N.I Act Case, Chittorgarh (hereinafter to be referred as 'the trial court') in regular criminal case No.230/17 whereby, the application filed by the petitioner under Section 311 Cr.P.C., 1973 has been dismissed.

2. The brief facts of the case are that the petitioner filed a complaint against the respondent under Section 138 of the Negotiable Instrument Act, 1881. In the said proceedings the petitioner was granted opportunities to produce its evidence and it got examined PW-1 - Manoj Kumar in support of the complaint. Thereafter on 22.05.2017, the evidence of the prosecution was closed and the matter was fixed for recording of statement of the accused-respondent. On 03.06.2017, the statements of accused respondent were recorded and the evidence of defence was closed on 08.07.2017, thereafter the matter was fixed for final arguments on 09.08.2017.

3. Again the next date for final arguments was fixed on 18.08.2017 and at this stage the petitioner preferred an application under Section