Gopal Krishan Vyas, J.—In this misc. petition filed under Section 482 CrPC, the petitioner is challenging the order dated 11.6.2008 passed by Sessions Judge, Churu in Criminal Revision No. l27 of 2007 by which the learned Sessions Judge, Churu affirmed the order dated 10.9.2007 passed by Chief Judicial Magistrate, First Class, Churu in Criminal Case No.252 of 2007 (276 of 2005) whereby learned Trial Court dismissed the application filed by the petitioner under Section 45 of the Evidence Act.

2. Brief facts of the case are that in a case filed against the petitioner under Section 138 of NI Act, the petitioner filed an application under Section 45 of the Evidence Act with the prayer that cheque in question may be sent to FSL for handwriting report. The said prayer was made by the petitioner on the ground that stand of the petitioner in the proceedings in that cheque in question signed by him was lost and he published a notice in the newspaper despite that bank returned the said cheque to the complainant with the remark of insufficient fund instead of informing the petitioner.

3. In the application, filed by the petitioner under Section 45 of the Evidence Act, it is prayed t