JUDGMENT :

MANOJ KUMAR GARG, J.

The instant misc. petition under Section 482 Cr. P.C. has been filed by the petitioner against order dated 12.08.2022, passed by the learned Additional Session Judge No. 6, Bikaner whereby he dismissed the revision filed by the petitioner and affirmed the order dated 18.06.2022, passed by learned Special Judicial Magistrate (NI Act Cases) No. 2, Bikaner whereby he closed the right of the petitioner to cross examination the complainant.

2. Learned counsel for the petitioner submits that complainant-respondent No. 2 filed a complaint under Section 138 of NI Act against the petitioner in which complainant appeared for his evidence but no one appeared on behalf of the petitioner to cross-examination him. On that account, the trial court closed the cross-examination of the petitioner. Being aggrieved by the order dated 18.06.2022, the petitioner filed a revision petition before the Session Judge, Bikaner which was transferred to the Additional Sessions Judge No. 6, Bikaner. The said revision was also dismissed vide order dated 12.08.2022. It is submitted that the right of the petitioner may be infringed, if he is not allowed to cross-examine the complainant. In these circumstances, one more opportunity may be granted to the petitioner for cross-examination of the complainant-respondent No. 2.

3. Learned Public Prosecutor and learned counsel for the complainant opposed the prayer made by learned counsel for the petitioner.

4. I have heard the rival contention of the parties and gone through the material available on record.

5. The petitioner is an accused in this case, however, since the right of cross-examination is a valuable right in order to prove his innocence, therefore, in these circumstances, it will be just and appropriate to grant one opportunity to the petitioner to crossexamine the complainant. Accordingly, in the interest of Justice, one opportunity is granted to the petitioner to cross-examine the complainant.

6. Accordingly, the impugned orders dated 18.06.2022 and 12.08.2022 passed by the courts below are hereby quashed and set aside. The trial Court is directed to fix a date and summon the complainant-respondent No. 2 for cross-examination by the petitioner. It is clarified that no further opportunity shall be granted to the petitioner for cross-examination and trial Court will conclude the trial expeditiously.

7. The present criminal misc. petition is hereby disposed of. Stay petition also stands disposed of.