[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 122/2008 JAGDISH KHATRI Vs. BRIJ BIHARI SHARMA & ANR. Date: 15.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. B.S. Chouhan for the petitioner. Mr. Jagdish Lamba, Public Prosecutor for the State. Mr. Ashwani Kumar Sharma for the respondent No.1 **** Since learned counsel Mr. Ashwani Kumar Sharma has put in appearance on behalf of respondent No.1 Brij Bihari Sharma, therefore, service is complete. The parties are agreed that the present matter be heard and decided finally at orders stage. Heard learned counsel for the respective parties. The instant criminal misc. petition under Section 482 Cr.P.C. is directed against the order dated 25.07.2007 passed by the Additional Chief Judicial Magistrate No.7, Jaipur City, Jaipur, whereby the application moved on behalf of the petitioner under Section 311 Cr.P.C. has been rejected on the ground that he has not availed the opportunity to cross examine the complainant. [2] The Revisional Court i.e. Additional Sessions Judge (Fast Track) No.4, Jaipur City, Jaipur has also upheld the order of the trial Court dated 25.07.2007 while rejecting the criminal revision filed by the petitioner vide its order dated 30.11.2007. It has been averred in the order of Revisional Court that since the petitioner has not availed the opportunity by way of depositing the cost of Rs. 500/-, therefore, the application has rightly been rejected by the trial Court. Having heard rival submission of the respective parties and upon careful perusal of the orders impugned passed by the trial Court and the Revisional Court, no doubt the petitioner since 2006 to the date opportunity given on the condition of depositing the amount of Rs. 500/- as cost, has not availed the opportunity to cross examine, but, in the interference of justice, this Court deem it proper to provide one opportunity to the petitioner to cross examine the complainant on 23.02.2008 the date fixed subject to condition that in case the petitioner deposits Rs. 2,000/- as cost, he may be allowed to cross examine the complainant, failing which the orders impugned passed by the trial Court and the Revisional Court shall remain in force. [3] With these observations, the criminal misc. petition stands disposed of. The stay application stands rejected. (K.S. RATHORE)J. /KKC/