R.S. Chauhan, J.—The petitioner is aggrieved by the order dated 9.11.2009 passed by the Additional Chief Judicial Magistrate No.7, Jaipur City, Jaipur, whereby the learned Magistrate has declined the petitioner’s application for sending the cheque in question to the FSL for its opinion.

2. The brief facts of the case are that Ashok Bohara, the respondent, had filed a criminal complaint against the petitioner for offence under Section 138 of the Negotiable Instrument Act (‘the Act’, for short). According to the complainant/respondent, on 15.4.2006, the petitioner had borrowed Rs.20,000 and subsequently, on the same day, he borrowed Rs.15,000. While borrowing Rs.20,000, he had given him a cheque for the same amount. However, subsequently when he borrowed Rs.15,000 the petitioner changed the amount in the said cheque from Rs.20,000 to Rs.35,000. Moreover, the petitioner assured the complainant that upon depositing, the cheque would be encashed by the bank. On 29.8.2006, the complainant submitted the cheque for enchashment. However, the same was dishonoured. Therefore, again on 5.10.2006, the complainant submitted the cheque. But, the cheque was returned with the remark that “th