1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. Criminal Misc. Petition No.82/2009 Anand Kumar Sharma vs. State of Rajasthan Date of Order: 21.1.2009 HON'BLE MR.JUSTICE BHANWAROO KHAN Mr. Rajesh Jain for the petitioner Miss. Manju Dave, P.P. The petitioner who is facing trial for offence under Section 138 of the Negotiable Instruments Act in the court of Additional Civil Judge (Jr.Div.) & Judicial Magistrate No.5, Jaipur City Jaipur has moved an application under Section 45 of the Evidence Act with the averments that the amount in the cheque was never written by him but the same is in the handwriting of complainant and one Jameel by interpolation made the cheque of Rs.3,000/- to that of Rs.30,000/-. Therefore, he requested for sending the cheque in question to the FSL. The trial court in view of the admission of the accused in his statement under Section 313 Cr.P.C. rejected this application vide order dated 4.8.2008 The petitioner challenged this order of the trial court before the revisional court i.e. learned Additional Sessions Judge (Fast Track) No.5, Jaipur City, Jaipur by filing criminal revision which has also been dismissed by the revisional court by order 2 dated 21.10.2008. Feeling aggrieved of the orders passed by the courts below, the petitioner has filed this criminal misc. petition under Section 482 Cr.P.C. Heard learned counsel for the petitioner and learned P.P. and perused the orders impugned in this petition. Learned counsel for the petitioner has submitted that the cheque produced clearly reveals that it is not in the handwriting of the petitioner but it appears that someone else has written the amount. The order of the trial court reveals that it was the petitioner who himself agree in his statement under Section 313 Cr.P.C. that it was he who filled the cheque and if this is a fact then it amounts to an admission by the petitioner and now he cannot go contrary to that and ask for sending the cheque to the FSL. Looking to the order and admission of the petitioner himself, no interference is required to be called for in the orders passed by the courts below by this Court in the exercise of jurisdiction under Section 482 Cr.P.C. Consequently, the Criminal Misc. Petition stands dismissed. BHANWAROO KHAN,J. bairwa