JUDGMENT 1. The present misc. petition has been filed by the petitioner against the order dated 04.02.2019 passed by the learned Additional Chief Judicial Magistrate No. 2, Udaipur in Original Criminal Case No. 790/2016, by which, the learned trial court dismissed the application under Section 311 Cr.P.C. filed by the petitioner. 2. Learned counsel for the petitioner submits that the petitioner is an accused and a reasonable opportunity ought to have been given to the petitioner to defend his case by producing evidence, bu the learned trial court rejected the petitioners application. Therefore it is prayed that one last opportunity may be granted to the petitioner to produce his defence evidence on the next date fixed by the trial court. 3. Per contra, learned Public Prosecutor opposed the prayer made by the petitioner. 4. I have considered the arguments advanced before me and perused the order impugned as also carefully gone through the material available on record. 5. On perusal of the order impugned, it is revealed that ample opportunities for producing the defence evidence have been granted to the petitioner but he failed to do the same without any plausible reason. However, taking into account the facts and circumstances of the case and the fact that right to submit the evidence in defence is a valuable right, in the interest of justice, one last opportunity should be granted to the accused-petitioner to submit his defence on the next date before the trial court i.e. 24.04.2019. However, a cost of Rs. 2,000/- is liable to be imposed upon the petitioner. 6. Accordingly the order impugned dated 04.02.2019 is set aside. It is directed that the petitioner shall submit his defence evidence before the trial court on the next date i.e. 24.04.2019 subject to deposition of cost of Rs. 2,000/- before the trial court on that day. 7. Accordingly, the misc. petition is disposed of in the above terms. Stay petition also stands disposed of.