JUDGMENT 1. - This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner with the prayer for quashing the order dated 08.10.2014 whereby the Additional Chief Metropolitan Magistrate No.3, Jodhpur Metropolitan (hereinafter referred to as 'the court below'), in the proceedings pending against the petitioner under Section 138 Cr.P.C. has ordered for closing of opportunity to produce defence evidence. 2. Learned counsel for the petitioner has submitted that on 8.10.2014, when the opportunity of producing the defence evidence was closed, the petitioner was in Delhi in relation to treatment of her sister and, therefore, he failed to produce defence witness for cross-examination by the complainant. 3. Learned counsel for the petitioner has submitted that though earlier this Court vide orders dated 8.7.2014 and 17.7.2014 has granted last opportunity to the petitioner for producing DW-1 for cross-examination by the complainant, however, due to some unavoidable circumstances, the petitioner has failed to produce DW-1 before the court below and in that event, the impugned order has been passed. 4. Learned counsel for the petitioner has submitted that next date fixed before the court below is 14.1.2015 and he undertakes that on the said date, the petitioner will produce DW-1 for cross-examination by the complainant and the petitioner is ready to pay a cost of Rs. 10,000/- to the complainant. 5. Learned counsel for the respondent has submitted that if the petitioner is allowed to produce DW-1 for cross-examination on the next date of hearing, then it will be observed that thereafter no further opportunity shall be granted to the petitioner. 6. Looking to the peculiar facts and circumstances of the case, this Court deems it appropriate to grant last and final opportunity to the petitioner to produce DW-1 for crossexamination by the complainant before the Additional Chief Judicial Magistrate, Jodhpur Metropolitan in case No.711/2010 on 14.1.2015. The petitioner shall also pay a cost of Rs. 10,000/- which shall be paid to the respondent No.2 Hamendas S/o Buylchand on 14.1.2015. It is made clear that for whatever reason if the petitioner fails to produce DW-1, before the trial court on 14.1.2015, no further opportunity shall be granted to him. 7. With these observations, this criminal misc. petition is disposed of. The stay petition is also disposed of.Petition allowed. *******