JUDGMENT :

(Satyen Vaidya, J.) :

1. Both these petitions have been heard and are being decided together, as both have arisen from proceedings in Case No. 135/3 of 2013 pending before learned chief Judicial magistrate, Sirmour at Nahan and are so interconnected that adjudication of issue involved in one will have effect on the other.

Cr.MMO No. 540 of 2018

By way of instant petition, the petitioner has challenged order dated 12.7.2018, passed by learned Chief Judicial Magistrate, Sirmour District at Nahan in Case No. 135/3 of 2013.

2. The impugned order reads as under:-

“Exemption application on behalf of accused filed and allowed.

At this stage, complainant has made a statement that he has already led preliminary evidence and same may be read as a whole in the main case file and does not want to lead further evidence.

In view of this, the evidence of the complainant is closed.

Similarly, accused also failed to file application 145(2) NI Act. Therefore, his right to cross examine the witness is also struck off.

Let file be put for statement of accused u/s 313 Cr.P.C. for 9.8.2018.”

3. The grievance of the petitioner is that petitioner has been denied right of cross-examination without any defa