JUDGMENT 1. - While issuing notice, interim order was passed in favour of the petitioner and today the matter is listed for hearing the parties for finalisation of the interim order. However, with the consent of the parties, the matter was heard finally. 2. It is stated that a fair opportunity to cross-examine the witness has not been given to the accused and the chance of cross-examination was closed. An application was moved. However, the said application was also rejected by the court below. Hence, this petition. 3. It is stated that on 28.05.2009 affidavit of witness was filed and on the next date i.e. 05.06.2009 the complainant was not present thus, the matter was deferred to 10.06.2009. On 10.06.2009 since the senior advocate appearing in the case was not available, the matter was deferred to 06.07.2009 on payment of cost of Rs. 300/- but then on 06.07.2009 while allowing the application filed for exemption of personal appearance, chance of cross examination was closed. It is stated that a fair opportunity of cross- examination has not been given and, thus, the order dated 06.07.2009 as well as the order dated 22.07.2009 may be set aside. 4. Learned counsel appearing for the respondent No. 2 has opposed the petition. It is stated that sufficient chance was given to the petitioner to cross examine the witness but he was avoiding cross-examination of the witness with a view to delay the matter. Thus, the application moved by the petitioner was rightly rejected. 5. I have considered the rival submissions. It come on record that the petitioner was given chance for cross examination but for the one or the another reason on two occasions cross examination could not be made in a matter registered under Section 138 of the Negotiable Instruments Act. Looking to the fact that the petitioner is now ready to cross examine the witness on the date fixed and thereafter the matter can be taken up for final hearing, in the interest of justice petitioner is given one chance to cross examine the witness on 30.09.2009 subject to payment of cost of Rs. 1,500/-.It is made clear that on the date fixed hereinabove, if the witness is not cross-examined then the petitioner will have no further chance. The amount of the cost be paid to the respondents on or before the date fixed above. 6. 1,500/-.It is made clear that on the date fixed hereinabove, if the witness is not cross-examined then the petitioner will have no further chance. The amount of the cost be paid to the respondents on or before the date fixed above. 6. The Misc Petition stands allowed in view of the above directions.Petition allowed. *******