[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 175/2008 SMT. MALA CHATTERJEE Vs. STATE OF RAJASTHAN & ANR. Date: 22/02/2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Ashok Sharma for the accused-petitioner. Mr. Jagdish Lamba, Public Prosecutor for the State. Mr. Dinesh Kala for the complainant-respondent. **** The present criminal misc. petition under Section 482 Cr.P.C. is directed against the order dated 24.01.2008 passed by the Special Judge (Fake Currency Cases), Jaipur City, Jaipur in Criminal Revision No. 31/2008 filed against the order dated 11.01.2008 passed by the Additional Civil Judge (Jr. Division) & Judicial Magistrate No.23, First Class, Jaipur City, Jaipur in Criminal Case No. 49/2005, whereby application filed by the petitioner under Section 45 of the Indian Evidence Act, 1872 has been rejected. The case of the petitioner is that both the Court below have not considered that the accused- petitioner has to prove that she has not singed on the bills produced by the complainant and signature on the [2] bills are not of her and for that purpose expert's report is required to be brought on record and thus, the orders impugned passed by the Courts below deserve to be quashed and set aside. I have heard learned counsel for the accused- petitioner, learned Public Prosecutor as well as the counsel appearing for the complainant-respondent and have also gone through the orders impugned passed by the trial Court and Revisional Court. The trial Court vide its order dated 11.01.2008 observed that for establishing the offence under Section 138 of the Negotiable Instruments Act, the bills which have been asked for examination, are not essentially required for just decision of the case and accordingly dismissed the application filed by the petitioner. The Revisional Court also considered this aspect and upheld the observations made by the trial Court holding that the order of the trial Court is just and legal and require no interference by the Revisional Court and dismissed the criminal revision filed by the petitioner vide order impugned dated 24.01.2008. Thus, concurrent findings have been given by the Courts below and this Court is fully satisfied that the bills which have been asked for examination [3] by expert, are not necessarily required for just decision of the case under Section 138 of the Negotiable Instruments Act. Hence, the orders impugned require no interference by this Court while exercising power under Section 482 Cr.P.C. as this Court observed no illegality or error apparent on the face of the record. Consequently, the criminal misc. petition fails being devoid of merit and the same is hereby dismissed. (K.S. RATHORE)J. /KKC/ [4]