1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Crl. Miscellaneous Petition No.503/2010 (Rajesh Kumar Verma Vs. State of Rajasthan & Anr.) Date of Order : 26.03.2010 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.S.R.Surana, for the petitioner. Mr.Laxman Meena, PP. Mr.P.C.Sharma, for the respondent No.2. By the Court: Aggrieved by the order dated 24.02.2010, this petition has been filed. It is submitted that in a complaint for an offence under Section 138 of Negotiable Instruments Act, petitioner made an application for recalling of the witness to cross examine. The aforesaid application was rejected. It is due to voluminous record, the petitioner could not cross examine the witness, thus in the interest of justice and subject to payment of cost, petitioner may be given one chance to cross examine the witness referred in the application. Learned counsel for the non-petitioner on the other hand opposed the prayer made by the learned counsel for the petitioner, however, it is submitted that if the Court is inclined to allow one chance to cross examination the witness, then cost may be imposed. 2 After considering the submissions made by the learned counsel for the parties, I am of the view that petitioner may be allowed one chance to cross examine the witness referred in the application. This is more so when the prayer of the learned counsel for the petitioner is not seriously opposed by the learned counsel for the non-petitioner. In view of the aforesaid, the impugned order is quashed to the extent indicated above and accordingly, the Court below is directed to provide one opportunity to the petitioner to cross examine the witness concerned on the next date fixed. The witness will remain present in the Court on the next date fixed as stated by learned counsel for non-petitioner. It is further made clear that aforesaid opportunity would be subject to payment of cost of Rs.4,000/- in favour of the non-petitioner. The trial Court would thereafter decide the matter within a period of one month. With the aforesaid directions, the miscellaneous petition is disposed of. (M.N. BHANDARI),J. Preety Item NO.12