Rajesh Gaur @APPELLANT@Hash State of Rajasthan & Ors.

These criminal misc. petitions under Section 482 Cr.P.C. have been filed on behalf of the petitioner-Rajesh Gaur being aggrieved with two separate

orders dated 09.01.2018 passed by the Judicial (2 of 3)Â Â Â Â Â Â [CRLMP-1306/2018] 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. 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.

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.

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.

Learned counsel for the complainant-respondent No.2 has opposed the prayer for the petitioner.

Having heard learned counsel for the petitioner and after going through both the impugned orders dated 09.01.2018 passed by the trial court in

Criminal Original Case Nos.971/2013 and (3 of 3)Â Â Â Â Â Â [CRLMP-1306/2018] 2030/2013 and taking into consideration the submissions made

by 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, in the interest of justice, these criminal misc. petitions are allowed. Both the

impugned orders dated 09.01.2018 passed by the trial court in Criminal Original Case Nos.971/2013 and 2030/2013 are set aside.

The respondent No.2 is directed to remain present before the trial court on 18.08.2018 in Criminal Original Case Nos.971/2013 and 2030/2013. The

petitioner shall 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 and on paying the same, the trial court may allow the petitioner to cross-examine the complainant-respondent No.2 in

both the above referred cases.

It is made clear that if the petitioner fails 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 complainantrespondent No.2 on or before 18.08.2018 and if he fails to crossexamine the complainant-respondent No.2 on

18.08.2018, no further opportunity will be granted to the petitioner and the trial court can proceed further in the matters.

Stay petitions are disposed of.