ORDER 1. The present petition under section 482 of the Cr.P.C. arising out of the order dated 28.6.2022 passed by the Fifteenth Additional Session Judge, Gwalior in Criminal Revision No.92/2022, whereby order dated 5.4.2022 passed by the Judicial Magistrate First Class, Gwalior closing the right of petitioners to cross-examine the respondent/complainant has been affirmed. 2. Learned counsel for the petitioners, at the outset, informed this Court that vide order dated 25.7.2022, humdast notice was served on respondent/Yogendra Kumar Gupta and notice report is submitted alongwith affidavit of the petitioner No.2/Smt. Padma Bai. Counsel further informed this Court that through mobile also service of notice has been effected over the respondent. 3. Precisely stated facts of the case are that complaint has been filed by the respondent for offence under section 138 of the Negotiable Instrument Act against the petitioners/accused on premise of dishonour of cheque. It appears from documents and submissions that due to COVID-19 Pandemic and the reasons assigned in para 4 of the petition for the reasons or the other, petitioners could not cross-examine the witness, therefore, right to cross-examine the complainant has been closed by the trial Court. 4 . According to the counsel for the petitioners, earlier because of COVID-19 Pandemic and thereafter, suspension of work on some days and at times, because of prayer made on behalf of the petitioners, adjournment sought. In nutshell, he could not cross-examine the witness. He regretfully informed this Court that he learnt the lesson hard way and petitioners are ready to cross-examine the witness. Therefore, in the interest of justice, an opportunity may be given to them for cross-examination for that they are ready to compensate the complainant by paying cost to him as directed by this Court. He again informed that next date is fixed as 3.8.2022 before the trial Court. 5 . Since nobody appeared on behalf of the respondent despite being served, therefore, matter is heard finally and perused the documents appended thereto. 6. It is the case where petitioners as accused are facing the predicament of loosing right to cross-examine the complainant purportedly on procedural inertia displayed by them for cross-examination and/or because of some unavoidable circumstances created as well as due to COVID-19 Pandemic. 6. It is the case where petitioners as accused are facing the predicament of loosing right to cross-examine the complainant purportedly on procedural inertia displayed by them for cross-examination and/or because of some unavoidable circumstances created as well as due to COVID-19 Pandemic. In sum and substance and in the interest of justice, an opportunity be given to the petitioners to cross-examine the complainant so that facts as tried to be demonstrate by the petitioners before this Court can be brought before the trial Court. 7. Considering the above submissions as well as the fact that next date is fixed as 3.8.2022 before the trial Court, therefore, petition is heard and allowed in the interest of justice and impugned order dated 28.6.2022 passed by the Fifteenth Additional Session Judge, Gwalior and order dated 5.4.2022 passed by Judicial Magistrate First Class, Gwalior are hereby set aside/modified to the extent that petitioners shall be given one opportunity to cross-examine the witness on any date fixed by the trial Court after 3.8.2022 or if on 3.8.2022, complainant appears then 3.8.2022 itself petitioners shall cross-examine the complainant. Before cross-examination, petitioners shall deposit Rs.10,000/- as cost which shall be given to the complainant then and there only/immediately. Although there is no infirmity palpably found by this Court in the orders passed by the Courts below but in the interest of justice, one opportunity is given on exemplary cost. 8. Accordingly, petition stands allowed