ORDER 1. Heard counsel for the petitioners. 2. The present criminal miscellaneous petition has been filed against the order dated 15.02.2020 passed by learned trial court whereby at the request of the counsel for the accused-petitioners herein the defence evidence was closed and the matter was fixed for final arguments. 3. Learned counsel for the petitioners submits that petitioners have right to defend the case filed against them under Section 138 of the Negotiable Instruments Act, 1881 by the complainant. On the relevant date the accused-petitioner Vijay Choudhary was not present before the learned trial court and his advocate without his instructions conceded that defence evidence may be closed. 4. In the facts and circumstances of the case and in the interest of justice, the present petition is allowed. The order of the learned trial court closing the defence evidence is set aside. The accused- petitioner Vijay Choudhary shall remain present before the learned trial court for cross examination on 17.01.2022 and on that date counsel for the complainant shall cross examine him. 5. Learned counsel for the petitioners further submits that he will not press the other criminal miscellaneous petition No. 991/2019 which was filed against the order of closure of the cross examination of the complainant. 6. After completion of the cross examination of accused- petitioner Vijay Choudhary, the learned trial court may proceed with the case as per law. 7. Learned trial court shall not pronounce the judgment on 15.12.2021. 8. The criminal miscellaneous petition is allowed accordingly.