VIJAY BISHNOI,J. - (1.) These criminal misc. petitions under Section 482 Cr.P.C., 1973 have been filed on behalf of the petitioner-Rajesh Gaur being aggrieved with two separate orders dated 09.01.2018 passed by the Judicial Magistrate No. 10, Jodhpur Metropolitan (hereinafter to be referred as 'the trial court') Criminal Original Case Nos.971/2013 and 2030/2013, whereby two separate applications under Section 311 Cr.P.C., 1973 filed by the petitioner in each criminal original case with the prayer for summoning the complainant-respondent No. 2 Moti Lal Soni have been rejected.
(2.) The trial court has taken into consideration the fact that on earlier occasions several opportunities were granted to the petitioner to cross-examine the complainant-respondent No. 2 but the petitioner has not availed the said opportunities and, therefore, the opportunities of the petitioner to cross-examine the complainant-respondent No. 2, in both the above referred criminal original cases, have been closed on 20.09.2017 and now there is no reason to summon the complainant-respondent No. 2 for examination at the request of the petitioner.
(3.) Learned counsel for the petitioner has submitted that only one last opportunity in each Criminal Original Case Nos.971/2013 and 2030/2013 be granted to the petitioner to cross-examine the complainant-respondent No. 2 in the interest of justice. It is submitted by the learned counsel for the petitioner that the petitioner is ready to pay cost of Rs. 5000/- for Criminal Original Case No. 971/2013 and Rs. 5000/- for Criminal Original Case No. 2030/2013 to the complainant-respondent No. 2.;