PUSHPENDRA SINGH BHATI,J. - (1.) Petitioner has preferred this misc. petition under section 482 of Cr.P.C., 1973 against the order dated 14.07.2017 passed by learned Special Metropolitan Magistrate (NI Act Cases) No. 5, Jodhpur Metropolitan in Criminal Case No. 952/2016 pertaining to offence under Section 138 of Negotiable Instrument Act, whereby learned Special Judicial Magistrate closed the evidence of complainant (cross examination).
(2.) On an overall consideration of the fact and circumstance of the case, without prejudice to the rights of the other parties, in the interest of justice, the present misc. petition is allowed and the impugned order dated 14.07.2017 passed by learned Special Metropolitan Magistrate, NI Act Cases No. 5, Jodhpur Metropolitan is quashed and set aside and the petitioner is granted one more opportunity to cross examine the complainant in the trial court, subject to the petitioner depositing Rs. 5,000/- as costs with the Rajasthan State Legal Services Authority. Petition allowed on costs. ;