1 IN THE HIGH COURT OF JUDICTURE FOR RAJASTHAN AT JODHPUR. O R D E R Nagendra Singh Rathore. Versus State of Rajasthan & ors. S.B. Criminal Misc. Petition No.945/2007 ... Date of Order: July 17, 2007 PRESENT HON'BLE MR. JUSTICE H.R. PANWAR Mr. Shambhoo Singh, for the petitioner. Mr. Ashok Upadhyaya, Public Prosecutor for the State. BY THE COURT: By the instant criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, “the Code” hereinafter), the petitioner has challenged the order dated 1-9-2005 passed by the Additional Sessions Judge, Parbatsar, district Nagaur (for short, “the Revisional Court” hereinafter), whereby the revision petition filed by the petitioner against the order dated 6-7-2004 passed by the Additional Chief Judicial Magistrate, Makrana, district Nagaur (for short, “the trial Court” hereinafter) taking cognizance of the offences and issuing process, was dismissed. Heard learned counsel for th petitioner and the Public Prosecutor for the State. 2 It is contended by the learned counsel for the petitioner that the cheque in question does not bear the signatures of the petitioner. Before the trial Court, the complainant and his witnesses made the statement under Section 200 and 202 of the Code, on the basis of which the trial Court took the cognizance of the offence. This is the question of fact and has to be decided at the time of recording the evidence as to whether the cheque in question has been signed by the accused-petitioner or not. If the petitioner feels that the cheque was neither given by him, nor signed by him, he may take this plea at the appropriate stage in the trial. The petition has no force and it is dismissed. The stay petition also stands dismissed. (H.R. PANWAR), J. mcs